Because the framers of the United States Constitution (written in 1787

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Can someone please explain how the answer dor question 1 is "A" instead of "E". Following lines of the passage indicate that answer should be "E"-:

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.

I mean if "E" would not have been given as an option, I agree that "A" should have been selected as an answer. But "E" is directly mentioned in the passage as a reason. How is it decided which option should be given priority?

In question 1, we're looking for the answer choice implied by the passage as a reason for the proportion of verdicts in favor of patentees beginning to increase in the 1830s.

To see why (E) is not the correct answer, take a look the wording of (E) and the passage:

There is one major issue with linking the part of the passage you quote with what's said in (E): the increase in the proportion of judicial decisions in favor of patentees mentioned in the passage is not the same as the increase in the proportion of patent disputes brought to trial.

The passage talks about the proportion of cases that are ruled in favor of the patentee by a judge. Think of this as the fraction: (judicial decisions in favor of the patentee) ÷ (total number of judicial decisions).

This is not the same as the proportion of patent disputes brought to trial. You can think of this as the fraction: (number of patent disputes brought to trial) ÷ (total number of patent disputes, whether or not they reach a trial)

From the passage, we don't have any evidence that the proportion of disputes brought to trial increased after 1836 -- so (E) can't be the correct answer.

Compare this to (A):

The final sentences of the passage tell us of the 1836 revision to the patent system "in which each application is scrutinized for its adherence to patent law." This suggests a patent granted after 1836 was much more likely to adhere to the correct law, as mentioned in (A). This would, in turn, have made it easier for a patentee to gain a successful verdict in court as they would know their patent adhered to the appropriate law.

The passage implies that (A) was a reason the proportion of verdicts in favor of the patentee increased after 1836 -- (A) is our answer.

I hope that helps!

OE
Q1. 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.
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.

Q2. The passage implies that the scholars mentioned in line 8 would agree with which of the following criticisms of the American patent system before 1830?
A. Its definition of property rights relating to inventions was too vague to be useful.
B. Its criteria for the granting of patents were not clear.
C. It made it excessively difficult for inventors to receive patents.
D. It led to excessive numbers of patent-infringement suits.
E. It failed to encourage national economic growth.
Inference
This question asks about a statement implied by the passage. The scholars mentioned in line 8 question whether U.S. patent law achieved its goal. That goal is described in the first sentence of the passage: to encourage America’s economic growth. Thus, it is reasonable to conclude that the scholars would criticize the pre-1830 patent system for failing to encourage economic growth.A. The scholars contend that judges rejected patents for arbitrary reasons, not because the definition of property rights was vague.
B. The passage does not indicate that the scholars were critical of the criteria for granting patents.
C. The scholars are concerned with inventors’ attempts to protect their patents, not the difficulty of acquiring a patent in the first place.
D. The passage does not imply that the scholars in question believed that too many patent-infringement suits were brought to court, but rather that too few succeeded.
E. Correct. The scholars doubt that patent law helped to achieve its goal, which was to encourage economic growth.
The correct answer is E.

Q3. It can be inferred from the passage that the frequency with which pre-1830 cases have been cited in court decisions is an indication that
A. judicial support for patent rights was strongest in the period before 1830
B. judicial support for patent rights did not increase after 1830
C. courts have returned to judicial standards that prevailed before 1830
D. verdicts favoring patentees in patent-infringement suits did not increase after 1830
E. judicial bias against patentees persisted after 1830
Inference
The question asks what is indicated by the frequency with which pre-1830 cases have been cited in court decisions. The second paragraph rejects some scholars’ claims that judges prior to the 1830s were antipatent, while judges after that time were more accepting of patent rights. The passage supports its critique by pointing out that decisions made by judges before the 1830s have been cited as precedents by later judges just as frequently as post-1830s decisions have been. This implies that later judges’ attitudes toward patent rights were similar to those of pre-1830s judges. Thus, there is no reason to believe judges’ attitudes toward patent rights changed at that time.
A. The passage argues that judicial support for patents did not change in the 1830s.
B. Correct. Pre-1830s court decisions have been cited as frequently as later decisions, suggesting no change in judges’ attitudes.
C. The passage does not indicate that judicial standards changed from, and then returned to, those that prevailed before 1830.
D. Although actual numbers of favorable verdicts are not mentioned, the passage indicates that the proportion of verdicts decided in favor of patentees did, in fact, increase beginning in the 1830s.
E. The passage rejects the notion that judges were biased against patentees either before or after 1830.
The correct answer is B.

Q4. It can be inferred from the passage that the author and the scholars referred to in line 21 disagree about which of the following aspects of the patents defended in patent-infringement suits before 1830?
A. Whether the patents were granted for inventions that were genuinely useful
B. Whether the patents were actually relevant to the growth of the United States economy
C. Whether the patents were particularly likely to be annulled by judges
D. Whether the patents were routinely invalidated for reasons that were arbitrary
E. Whether the patents were vindicated at a significantly lower rate than patents in later suits
Inference
The question depends on recognizing differences between two explanations—one favored by the scholarsmentioned in line 21, the other favored by the author—for the frequency with which patents were invalidated in U.S. courts prior to 1830. The first paragraph describes the scholars’ view that judges before 1830 were antipatent and rejected patentees’ claims for arbitrary reasons. The author of the passage rejects that view. As an alternate explanation, the author in the second paragraph implies that earlier patents often violated copyright law; this view is supported with reference to an 1836 revision to the patent system which instituted a procedure by which patent applications were inspected to ensure adherence to patent law.
A. The author and the scholars are both focused on protecting inventors’ property rights, not with their inventions’ utility.
B. Although the passage suggests that the scholars thought America’s patent system did not help encourage economic growth, there is no suggestion that either the scholars or the author believes actual patents defended in court were irrelevant to economic growth.
C. Both the scholars and the author believe that patents defended in court prior to 1830 were more likely to be invalidated than were patents in later legal disputes.
D. Correct. The scholars claim that judges before 1830 decided against patentees for arbitrary reasons, but the passage suggests that the patents may have been invalidated because they failed to adhere to patent law.
E. Both the scholars and the author accept that patents were upheld in court less often before 1830 than after.
The correct answer is D.

Q5. The author of the passage cites which of the following as evidence challenging the argument referred to in lines 14–15?
A. The proportion of cases that were decided against patentees in the 1820s
B. The total number of patent disputes that were litigated from 1794 to 1830
C. The fact that later courts drew upon the legal precedents set in pre-1830 patent cases
D. The fact that the proportion of judicial decisions in favor of patentees began to increase during the 1830s
E. The constitutional rationale for the 1836 revision of the patent system
Supporting idea
The question asks what evidence the author brings to bear against the argument referred to in lines 14–15. In the first paragraph, the author summarizes scholars’ arguments to the conclusion that judges’ attitudes toward patent rights shifted in the 1830s, based on the fact that judges earlier had routinely ruled against patentees in lawsuits whereas judges after that time provided more protection for patent rights. In the second paragraph the author challenges the claim that judges’ attitudes shifted. The author provides evidence that judges after the 1830s cited legal precedents set in pre-1830s cases, suggesting that their views had not changed.
A. The proportion of cases decided against patentees in the 1920s is cited as evidence that supports the scholars’ argument in the first paragraph, not as evidence challenging their views.
B. The total number of disputes litigated is not mentioned in the passage.
C. Correct. The fact that judges after 1830 cited earlier cases as precedents is used as evidence to challenge scholars’ claims that judges’ attitudes shifted around 1830.
D. The change in the proportion of decisions in favor of patentees is a fact that both the scholars and the author of the passage attempt to explain.
E. No constitutional rationale for the 1836 law is mentioned in the passage.
The correct answer is C.

All correct but took 15 min

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?
2 reason scholar: judges shift attitude author:population of case because of strict evaluation
A. Patent applications approved after 1836 were more likely to adhere closely to patent law.-correct authors reasoning
B. Patent laws enacted during the 1830s better defined patent rights.
C. Judges became less prejudiced against patentees during the 1830s.-no where mentioned judges had prejudice
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.

Question 2


The passage implies that the scholars mentioned in line 8 [Recently, however, scholars have questioned whether the American system helped achieve the framers’ goals.] would agree with which of the following criticisms of the American patent system before 1830?

A. Its definition of property rights relating to inventions was too vague to be useful.
B. Its criteria for the granting of patents were not clear.
C. It made it excessively difficult for inventors to receive patents.
D. It led to excessive numbers of patent-infringement suits.
E. It failed to encourage national economic growth.- correct scholars question if the system meet farmers objective



It can be inferred from the passage that the frequency with which pre-1830 cases have been cited in court decisions is an indication that

A. judicial support for patent rights was strongest in the period before 1830
B. judicial support for patent rights did not increase after 1830- correct authors point in the second para(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. )
C. courts have returned to judicial standards that prevailed before 1830
D. verdicts favoring patentees in patent-infringement suits did not increase after 1830
E. judicial bias against patentees persisted after 1830

Question 4


It can be inferred from the passage that the author and the scholars referred to in line 21 [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.] disagree about which of the following aspects of the patents defended in patent-infringement suits before 1830?

A. Whether the patents were granted for inventions that were genuinely useful
B. Whether the patents were actually relevant to the growth of the United States economy
C. Whether the patents were particularly likely to be annulled by judges-even if you don't now the meaning of annulled you can still eliminate this option because the disagreement between scholars and authors is not because of judges. GMAT is not a vocab test if you don't know the meaning of a word try to eliminate it on other grounds by referring back to the para
D. Whether the patents were routinely invalidated for reasons that were arbitrary-correct Scholar: arbitrary invalidation author: inventive ingenutity
E. Whether the patents were vindicated at a significantly lower rate than patents in later suits

Question 5


The author of the passage cites which of the following as evidence challenging the argument referred to in lines 14–15 [invalidated patents for arbitrary reasons. This argument is based partly on examination of court]?

A. The proportion of cases that were decided against patentees in the 1820s
B. The total number of patent disputes that were litigated from 1794 to 1830
C. The fact that later courts drew upon the legal precedents set in pre-1830 patent cases-given in second para (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. )
D. The fact that the proportion of judicial decisions in favor of patentees began to increase during the 1830s
E. The constitutional rationale for the 1836 revision of the patent system

Hit Kudos if you found this helpful

A. False.
Referring to this portion of the passage – – It is clear that the judicial support for patent rights was not strong in the period before 1930.

B. Keep.
Referring to these portions of the passage –

Therefore, the judicial support for patent rights increased after 1830. This is stated in the statement of option B.

C. Keep.
By citing pre-1830 cases, it is apparent that the courts may have returned to pre-1830 judicial standards. However, referring to the portion of the passage below –
The passage weakens the statement in option C. “Courts have returned” is incorrect as we get an impression that they may have returned since they used pre-1830 cases, but later on the author clarifies that change occurred in the 1830s. Therefore, C is out.

D. False.
Referring to this portion of the passage – – it is clear that statement in option D is false.

E. False.
Referring to this portion of the passage – – it is clear that the judicial bias against patentees was definitely minimized from the pre-1830 levels.
Moreover, the author traces the path of change in judicial decision-making esp in the post-1830 time. Therefore, option E is false.

I've created a video in which I explain the passage line by line and discuss all the options in all the questions. I hope it helps!

Could someone please explain Q2 of this RC?
Got the remaining right but I'm not really able to eliminate options in this one.

All of the posts in the links below are full of explanations of questions #2.

https://gmatclub.com/forum/because-the- ... l#p1935062

https://gmatclub.com/forum/because-the- ... l#p1947501

https://gmatclub.com/forum/because-the- ... l#p2603488

https://gmatclub.com/forum/because-the- ... l#p2651203

Good Luck

Your explanations were really great and to the point. I struggled to solve this question and infact I would say the humanities RC's. Could you please elaborate how did you attempt this question using chart? Because making notes takes a lot of time.

Why is option B wrong in Q4?

Posted from my mobile device

Hey anurag2018, the author doesn't address his view on the patents being relevant to economic growth. Rather, the author believes that the patents were routinely invalidated for the right reasons. Speaking logically, if a country is granting patents just by a mere payment of $30, there is a high chance that the patent would get invalidated sooner or later. I could just go and patent the KFC recipe for $30, but of course they would beat my a** in court.

The scholars, however believe that the judges were anti-patent. So the crux of the question (and of the passage) is that the scholars believed that the judges were the problem (anti-patent attitude), whereas the author believes that the patents themselves were not up to the mark (probably bound to be rejected on a proper evaluation). Hence, option D is the correct answer.

Hi Experts,
The passage talked about 'due to an 1836 revision'. It did not talk about AFTER 1836. So, why the answer option (A) talked about AFTER?
Thanks__

Hi TheUltimateWinner,

The Question is asking us: which of the mentioned options was a reason that the proportion of verdicts in favor of patentees began to increase in the 1830s. Now "1830's" means a time period from 1830 to 1839. Here we need to look for an option which tells us why the proportion of verdicts in favor of patentees began to increase in the specific time period.



Now consider the lines: "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.", implying that the proportion of verdicts in favor of patentees began to increase in 1830's due a revision in the patent system in 1836, thus in turn implying that patents approved after 1836 were more likely to adhere closely to patent law.

Hope This Helps.
Thanks.

dear GMATNinja, [url=https://gmatclub.com:443/forum/memberlist.php?, [url=https://gmatclub.com:443/forum/memberlist.php?mode=viewprofile&un=AndrewN]AndrewN[/url],

I have not absolutely got what above.
the author points 1) early judicial decisions were NOT prejudiced against patentees and 2) judicial attitudes toward patent rights did NOT change in the 1830s, how can infer judicial support did not increase. I just thought B could be true. it is possible that the judicial keeps rational, keeps neutral.

would you please clarify further?

thanks in advance

have a nice day

If judicial attitudes remained neutral, then the support for patent rights did not increase. The author’s point is that judicial attitudes did NOT change in the 1830s, so we can conclude that judicial support did not increase.

I hope that helps!

How would you evaluate option D?