Q17

 
hyewonkim89
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Q17

by hyewonkim89 Thu Oct 03, 2013 10:04 pm

I was down to (D) and (E) and ended up picking (D)..

I picked (D) because I just couldn't support "same function" in the answer choice (E).

Will someone help me on this?

Thanks in advance!
 
christine.defenbaugh
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Re: Q17

by christine.defenbaugh Fri Oct 04, 2013 7:51 pm

Excellent question hyewonkim89. This type of inference question requires that we use the surrounding text as context to determine the real meaning of the quoted phrase.

Here, "invent around" is the desirable thing we would be able to do in an ideal world that we cannot do now. The main point of the passage is the number of difficulties we face in running afoul of various patents when trying to create an invention. In an ideal world, we'd be able to get to our goal (the thing we're trying to invent) without all those problems.

In this ideal world, if patents were narrow, we should be able to plot a path to our goal and simply work around the narrow patent in question that we want to avoid infringing. (E) captures just this idea. The "same function" is precisely what we'd like to keep!


The Unintended
(A) Presumably one could do this now, without resorting to "an ideal world". This is not "inventing around" a patent, it is simply going a totally different direction.
(B) Again, one could do this now, without resorting to "an ideal world". Infringing on the patent would not be inventing around it, however. It would be inventing right through it.
(C) This seems like it would still violate the patent.
(D) This is also something that could be done in this universe, without waiting for "an ideal world". And just as in (A), this is not working around the existing patent, it's simply walking away and striking out in an entirely different direction.

Note that all the wrong answer choices are things that could happen in this world as opposed to "an ideal world". Two just go ahead and violate the patent, while two just drop everything and run away from the patent territory altogether. Only (E) tries to maintain the original goal, but avoid violating the patent - a balance that would be achievable in an ideal world, but is workable in the real world.


Please let me know if this completely answers your question!
 
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Re: Q17

by 709252721 Sat Mar 05, 2016 2:38 am

christine.defenbaugh Wrote:In this ideal world, if patents were narrow, we should be able to plot a path to our goal and simply work around the narrow patent in question that we want to avoid infringing. (E) captures just this idea. The "same function" is precisely what we'd like to keep!


I agree the answer should both be related to the patent and not violate it.
However, the passage doesn't seem to have given a clear definition of broad or narrow patent. Therefore I am quite confused while juding if the choice has violated the narrow patent or not. It seems to me that (C) doesn't clearly state the violation.
Could anyone help explain why C violates the narrow patent?
Many thanks!!!
 
DongheeK886
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Re: Q17

by DongheeK886 Wed Sep 27, 2017 11:28 pm

I think the problem with C) is that the intention of the patent holder is irrelevant for determination of a patent infringement.
Patent (or any law) violation is based on the actions, not intentions.