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

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Re: Because the framers of the United States Constitution (written in 1787  [#permalink]

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New post 01 Jul 2019, 20:25
3
(OG 2019 Question: 529) (Ques-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
(This infact support)

B. The total number of patent disputes that were litigated from 1794 to 1830
(Total number of cases not mentioned)

C. The fact that later courts drew upon the legal precedents set in pre-1830 patent cases
Correct. (Previous cases were cited therefore those reasoning was valid)

D. The fact that the proportion of judicial decisions in favor of patentees began to increase during the 1830s
(This is not an evidence of weakening. It is a fact for which both are trying to find reasons.)

E. The constitutional rationale for the 1836 revision of the patent system
(No constitutional rationale is mentioned in the passage)
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Re: Because the framers of the United States Constitution (written in 1787  [#permalink]

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New post 14 Jul 2019, 09:28
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
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

Can someone explain how scholars and authors were on the same page? If we were to analyze the statement, in italics, below, we would realize that these scholars had views that judges were "Antipatent"
(or we can say, scholars felt that the judges were biased) earlier but the author had a different view that better patent-laws were available later, not present earlier.

" 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."
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Re: Because the framers of the United States Constitution (written in 1787  [#permalink]

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New post 24 Jul 2019, 19:18
Setback wrote:
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
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

Can someone explain how scholars and authors were on the same page? If we were to analyze the statement, in italics, below, we would realize that these scholars had views that judges were "Antipatent"
(or we can say, scholars felt that the judges were biased) earlier but the author had a different view that better patent-laws were available later, not present earlier.

" 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."

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Re: Because the framers of the United States Constitution (written in 1787   [#permalink] 24 Jul 2019, 19:18

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