In theory, patents should be narrow enough so others can "invent around" existing patents. But recently, patents are so broad that that's getting difficult.
This way, if they get sued for patent violations, they can countersue. If you're not a part of this "arms race" then you are defenseless against law suits.
This problem is particularly bad in software. A critical component can be patented. It can be challenging to discover whether something is under patent protection.
One Company's Perspective ·Patents impede innovation; open-source is better
Whereas Passage A describes the problem with patents in software from a high level, Passage B takes the perspective of one software company affected by this problem and how they are responding to it.
The company participates in the "arms race" but expresses regret. They have to do this even though they recognize that this is not good for the industry.
Passage Style
21.
Which one of the following, ██ █████ █████ ████ █████ ██ ███ ████████ ██████████ ██████████ ██ ████████ ███████████ █████ ██ ███ █████ █████████ ██ ███████ ██
Question Type
WSE
This question only involves passage B. The position we’re interested in is that patents “impede innovation... and are inconsistent with open-source/free software.” We’re looking for the answer choice that suggests this isn’t true. In other words, we want an answer choice that suggests patents don’t impede innovation and/or are consistent with open-source/free software.
a
Most patents for ████████ ███████████ ████ █ ████████ ██ ████ ██ █████ ██ █████
We want to weaken the idea that patents are bad for innovation. So we need an answer that at least tells us how patents affect innovation. (E) just tells us how long patents last, without explaining how those patents actually affect innovation.
We want to weaken the idea that patents are bad for innovation. But (E) gives us no information on how patents affect innovation. In fact, it doesn’t deal with innovation at all. Instead, it deals with reliability.
c
Some proprietary vendors ██████ ████████ ███████ ███ ███████████████ ████████
We want to weaken the idea that patents are bad for innovation. But (E) gives us no information on how patents affect innovation. In fact, it doesn’t deal with innovation at all.
This gives a reason why patents might actually help, rather than impede, innovation. They make innovation more profitable, which means people have more incentive to innovate.
e
The main beneficiaries ██ ████████ ███████████ ███ █████ ████████████ ██████ ████ ██████████ ███████████
We want to weaken the idea that patents are bad for innovation. But (E) gives us no information on how patents affect innovation. In fact, it doesn’t deal with patents at all.
Difficulty
48% of people who answer get this correct
This is a very difficult question.
It is significantly harder than the average question in this passage.
CURVE
Score of students with a 50% chance of getting this right
25%152
166
75%180
Analysis
WSE
Comparative
Law
Answer Popularity
PopularityAvg. score
a
13%
164
b
8%
161
c
17%
162
d
48%
166
e
14%
163
Question history
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