OEQ1. 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.
InferenceThe 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.
InferenceThis 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
InferenceThe 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
InferenceThe 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 ideaThe 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.