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题库解析   >   其他 题型   >   RC25-26篇
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RC25-26篇

Because the framers of the United States Constitution (written in 1787) believed that protecting property rights relating to inventions would encourage the new nation’s economic growth, they gave Congress—the national legislature—a constitutional mandate to grant patents for inventions. The resulting patent system has served as a model for those in other nations. Recently, however, scholars have questioned whether the American system helped achieve the framers’ goals. These scholars have contended that from 1794 to roughly 1830, American inventors were unable to enforce property rights because judges were “antipatent” and routinely invalidated patents for arbitrary reasons. This argument is based partly on examination of court decisions in cases where patent holders (“patentees”)brought suit alleging infringement of their patent rights. In the 1820s, for instance, 75 percent of verdicts were decided against the patentee.The proportion of verdicts for the patentee began to increase in the 1830s, suggesting to these scholars that judicial attitudes toward patent rights began shifting then.

Not all patent disputes in the early nineteenth entury were litigated, however, and litigated cases were not drawn randomly from the population of disputes. Therefore the rate of verdicts in favor of patentees cannot be used by itself to gauge changes in judicial attitudes or enforceability of patent rights. If early judicial decisions were prejudiced against patentees, one might expect that subsequent courts—allegedly more supportive of patent rights—would reject the former legal precedents. But pre-1830 cases have been cited as frequently as later decisions, and they continue to be cited today,suggesting that the early decisions, many of which clearly declared that patent rights were a just recompense for inventive ingenuity,provided a lasting foundation for patent law.The proportion of judicial decisions in favor of patentees began to increase during the 1830s because of a change in the underlying population of cases brought to trial. This change was partly due to an 1836 revision to the patent system:an examination procedure, still in use today, was instituted in which each application is scrutinized for its adherence to patent law. Previously,patents were automatically granted upon payment of a $30 fee.

The passage implies that which of the following was a reason that the proportion of verdicts in favor of patentees began to increase in the 1830s ?

    A.Patent applications approved after 1836 were more likely to adhere closely to patent law.

    B.Patent laws enacted during the 1830s better defined patent rights.

    C.Judges became less prejudiced against patentees during the 1830s.

    D.After 1836, litigated cases became less representative of the population of patent disputes.

    E.The proportion of patent disputes brought to trial began to increase after 1836.


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答案:
A

Inference

>

The question asks which statement can be reasonably inferred, from information provided in the passage, to be a reason for the increase in proportion of verdicts favoring patentees, starting in the 1830s. The second paragraph argues that what changed in that decade was not judges’ attitudes toward patent law, but the types of patent cases that were litigated. It explains that a law passed in 1836 required that, for the first time in U.S. history, applications for patents had to be examined for their adherence to patent law before a patent would be issued. This information implies that patents granted after 1836 were more likely to adhere to patent law and were thus more likely to be upheld in court.

A.Correct. The passage implies that patents granted after the 1836 law went into effect were more likely to adhere to patent law.

B.The passage does not indicate that any law mentioned made changes to the definition of patent rights; rather, the passage indicates that the patent system was revised to require that patent applications be reviewed for adherence to existing law.

C.The passage rejects the explanation that judges’ attitudes toward patent rights became more favorable.

D.The passage indicates that the population of disputes that were litigated changed after 1836, but it does not suggest that the population of litigated disputes differed from that of patent disputes as a whole.

E.The passage does not indicate any change in the proportion of patent disputes brought to trial.


The correct answer is A.


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