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

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

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Updated on: 27 Jul 2019, 07:15
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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 century 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.

(Book Question: 529)
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.

(Book Question: 530)
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.
D. It led to excessive numbers of patent-infringement suits.
E. It failed to encourage national economic growth.

(Book Question: 531)
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

(Book Question: 532)
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

(Book Question: 533)
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
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

RC00650-02
RC00650-03
RC00650-06
RC00650-07
RC00650-08

Originally posted by AbdurRakib on 26 Jul 2016, 13:36.
Last edited by SajjadAhmad on 27 Jul 2019, 07:15, edited 1 time in total.
Updated complete topic (5).
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Re: Because the framers of the United States Constitution (written in 1787  [#permalink]

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20 Sep 2017, 19:49
7
2
devanshu92 wrote:
Hi Experts,

Can you please explain the approach to solve Q3

Thanks

Quote:
(Book Question: 531)
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

Refer to the following portion beginning in line 30:

Quote:
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.

We are then told that this was NOT the case. In other words, subsequent courts did NOT reject the former legal precedents and, instead, cited them as frequently as later decisions.

This is evidence that early judicial decisions were NOT prejudiced against patentees and that the increase in the proportion of verdicts for the patentee in the 1830s was NOT a sign of a shift in judicial attitudes. Instead, according to the passage, this increase was caused by "a change in the underlying population of cases brought to trial."

Thus, the author presents evidence that 1) early judicial decisions were NOT prejudiced against patentees and 2) judicial attitudes toward patent rights did NOT change in the 1830s. Choice (B) can be inferred on the basis of this evidence:

Quote:
B. judicial support for patent rights did not increase after 1830

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

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06 Nov 2016, 07:37
16
Ten minutes, but all 5 correct.

Here is how I rationalized each answer I got:

Q1: A. We are told this explicitly in the last few lines of the passage. After 1836 people had to actually prove they were adhering to the law, not just pay the \$30 fee. B - we know nothing about this. C - This is disproved later in the article, so no. D - This part of the passage only mentions the early 19th century, so there's no way to verify this. E - Technically correct, but 1836 is 6 years into the 1830s and we're discussing the entire 1830s, so this one is out.

Q2: E. A - We are told nothing about the definition of, so this one is out. B - Also not really explained, so no. C- They only had to pay \$30 so no. D - Perhaps, but this is outside the patent framers' goals, so no. E - This is the right choice. The goal of the patent system was to encourage national growth. The scholars are contending that the system did not help them do that.

Q3: B. (Admittedly I struggled with this one a bit.) A. That's flat out not true, so no. B. Correct. We are told later on in the paragraph as the author disproves the scholars' evidence, that the support did not increase. C - Definitely not. D - No, Also disproved. Lines 30-35. E - No. Lines 40-45.

Q4: D. A - irrelevant. B - We are told nothing about this, so no. C - Again, no information to go off of. D - Correct. Lines 10-15 indicate that the scholars believe that judges ruled against patentees on arbitrary grounds. The author argues against this in the later sections of the passage.

Q5: C. Before I go into individual answer choices, I should explain the trick to this question. It's asking about how the author disproved the argument referenced in lines 14-15. Now, there are three arguments presented one after another after the scholars argument, but the first two are further proof that the scholars relied on, not the author. The author is simply explaining their reasoning. Okay. Here we go. A - No, this supports their argument. B Entirely irrelevant. We are told nothing about this. C - True. The author's reasoning is that if the scholars argument were true, then it would be more likely that later judges would not use those precedents as heavily, but they do, therefore the scholars argument is invalid. D - Technically untrue. The improvements didn't start until after 1836, so no. E - Just...no. We are told absolutely nothing about this argument, so no.

This passage was quite tricky. It was long and had arguments within arguments. The best way I know of to deal with passages like this is to read slowly and create a chart (I use a T chart) to keep each group's arguments clear with quick abbreviated notes of each point. Hope this helps!
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Re: Because the framers of the United States Constitution (written in 1787  [#permalink]

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18 Oct 2016, 23:13
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.

Why option D is incorrect. the passage states -

"Not all patent disputes in the early nineteenth
(25) century were litigated, however, and litigated
cases were not drawn randomly from the
population of disputes."

Is it because answer choice says after 1936??? or some other reason?
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Re: Because the framers of the United States Constitution (written in 1787  [#permalink]

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04 Nov 2016, 18:37
2
1
deepak268 wrote:
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.

Why option D is incorrect. the passage states -

"Not all patent disputes in the early nineteenth
(25) century were litigated, however, and litigated
cases were not drawn randomly from the
population of disputes."

Is it because answer choice says after 1936??? or some other reason?

Not sure my logic is correct but pay attention to the sentence after that: the rate of verdict...CANNOT BE USED BY ITSELF TO GAUGE changes in bla bla bla......I honestly don't understand the sentence that you quote, but am able to choose correct ans because it seems to me that the whole idea around that sentence has a negative tone, implying the rate of verdict increase has no relation to any of the information in those lines...

So basically, the passage says that
(1) why there is a patent in the first place (a goal to boost economy)
(2) some think it was not really useful + quoting evidence (low rate pre 1830s)
(3) there was a reverse trend in rate (high rate after 1830s)
(4) some says because of more positive attitude (line 20-25)
(5) passage (a) says no (no change in attitude-no prejudice pre 1830s too) and (b) says something about a new examination to make sure application is following law.

Q1 refers to 5b
Q2 refers to 2 and 1-not reaching goal and which goal (goal in 1)
Q3 refers to 5a
Q4 refers to 2+5a
Q5 refers to 5a
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Re: Because the framers of the United States Constitution (written in 1787  [#permalink]

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10 Jan 2017, 07:18
emann wrote:
Ten minutes, but all 5 correct.

Here is how I rationalized each answer I got:

Q1: A. We are told this explicitly in the last few lines of the passage. After 1836 people had to actually prove they were adhering to the law, not just pay the \$30 fee. B - we know nothing about this. C - This is disproved later in the article, so no. D - This part of the passage only mentions the early 19th century, so there's no way to verify this. E - Technically correct, but 1836 is 6 years into the 1830s and we're discussing the entire 1830s, so this one is out.

Q2: E. A - We are told nothing about the definition of, so this one is out. B - Also not really explained, so no. C- They only had to pay \$30 so no. D - Perhaps, but this is outside the patent framers' goals, so no. E - This is the right choice. The goal of the patent system was to encourage national growth. The scholars are contending that the system did not help them do that.

Q3: B. (Admittedly I struggled with this one a bit.) A. That's flat out not true, so no. B. Correct. We are told later on in the paragraph as the author disproves the scholars' evidence, that the support did not increase. C - Definitely not. D - No, Also disproved. Lines 30-35. E - No. Lines 40-45.

Q4: D. A - irrelevant. B - We are told nothing about this, so no. C - Again, no information to go off of. D - Correct. Lines 10-15 indicate that the scholars believe that judges ruled against patentees on arbitrary grounds. The author argues against this in the later sections of the passage.

Q5: C. Before I go into individual answer choices, I should explain the trick to this question. It's asking about how the author disproved the argument referenced in lines 14-15. Now, there are three arguments presented one after another after the scholars argument, but the first two are further proof that the scholars relied on, not the author. The author is simply explaining their reasoning. Okay. Here we go. A - No, this supports their argument. B Entirely irrelevant. We are told nothing about this. C - True. The author's reasoning is that if the scholars argument were true, then it would be more likely that later judges would not use those precedents as heavily, but they do, therefore the scholars argument is invalid. D - Technically untrue. The improvements didn't start until after 1836, so no. E - Just...no. We are told absolutely nothing about this argument, so no.

This passage was quite tricky. It was long and had arguments within arguments. The best way I know of to deal with passages like this is to read slowly and create a chart (I use a T chart) to keep each group's arguments clear with quick abbreviated notes of each point. Hope this helps!

I did not understand your explanation of Q5. In line 14-15, the argument is "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". And the question asks which evidence in the passage challenges this argument. I guess 'constitutional rationale for the 1836' is an evidence against this argument because it challenges the previous assumption "judges were antipatient". But this constitutional rational says that It was not the judges but the automatic grants of patents, the cause of the patients to be rejected by judges later on the trial and this system was resolved by the 1836 revision. What do you think?
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Re: Because the framers of the United States Constitution (written in 1787  [#permalink]

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21 Jul 2017, 18:01
4
1
1
kunal1608 wrote:
Hi Experts,

Could somebody elaborate on how to solve question 5 of this RC.

Thanks

Quote:
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

The argument referred to in lines 14–15 is 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." What evidence is presented to challenge that argument?

To find this evidence, you have to jump to line 31: "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." - In other words, if the earlier judges (from 1794 to 1830) were "antipatent", then we would expect later courts, which were supposedly more supportive of patent rights, to REJECT those earlier, "antipatent" legal precedents. This would support the argument referred to in lines 14-15.

However, the author states that this is NOT the case. Instead, "pre-1830 cases have been cited AS FREQUENTLY AS later decisions, and they continue to be cited today." This is evidence that the later courts, which were more supportive of patent rights, actually AGREED with the legal precedents set by the earlier judges. Thus, this evidence suggests that those earlier judges were NOT antipatent.

Choice (C) refers to this evidence: "C. The fact that later courts drew upon the legal precedents set in pre-1830 patent cases."

I hope that helps!
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Re: Because the framers of the United States Constitution (written in 1787  [#permalink]

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29 Sep 2017, 20:29
3
1
AbdurRakib wrote:
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 century 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.
(Book Question: 530)
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.
D. It led to excessive numbers of patent-infringement suits.
E. It failed to encourage national economic growth.

Passage: US Patent Law

Question: System Criticism

The Simple Story

There was a shift in court decisions related to patent disputes in the 1830s. Before this time, most verdicts were decided against the patent holder, but this proportion began to decrease during the 1830s. Some scholars attribute this change to a shift in the attitudes of judges. This view, however, is inconsistent with the fact that later court decisions continue to cite pre-1830 cases; in other words, the judges seem to think those early cases are still valid. A change in the patent examination procedure provides an alternative explanation for the shift in court decisions; after the change, patents were evaluated to make sure they adhered to patent law before the patents were granted.

Sample Passage Map

Here is one way to map this passage. (Note: abbreviate as desired!)

1) Shift in patent dec post-1830

Schol: judges’ tude change: more pro-patent

2) But, still cite pre-1830 cases, so maybe not J tude

Diff kinds of cases post-1830

Also: Patent app change

Note: tude is an abbreviation for the word attitude

Step 1: Identify the Question

The word implies in the question stem indicates that this is an Inference question.

Step 2: Find the Support

The question points to the scholars in a specific line and asks what they would criticize. Start by reading the surrounding sentence.

Recently, however, the scholars have questioned whether the American system helped achieve the framers’ goals.

At this point, remind yourself of what the framer’s goals were. This information is found in the first sentence; the framers believed the patent system would encourage the new nation’s economic growth.

The scholars cast doubt on the idea that the patent system achieved the framers’ goals of encouraging economic growth.

Step 4: Eliminate and Find a Match

(A) The scholars’ criticism is primarily related to judicial decisions, not the patent system itself.

(B) While the scholars do question judicial verdicts, they do not cite the criteria for granting patents as a reason.

(C) The scholars focus their concerns on the fact that judges invalidated patents, not on the initial granting of patents.

(D) There is no information about the scholars’ opinion on the number of cases; the scholars’ concerns relate to the verdicts of these cases.

(E) CORRECT. This is s good match for the proof sentence. The scholars’ concern relates to the patent system failing to achieve the framers’ aim of encouraging economic growth.
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Re: Because the framers of the United States Constitution (written in 1787  [#permalink]

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29 Sep 2017, 20:48
2
AbdurRakib wrote:
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 century 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.
(Book Question: 531)
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

Passage: US Patent Law

Question: Case Citations

The Simple Story

There was a shift in court decisions related to patent disputes in the 1830s. Before this time, most verdicts were decided against the patent holder, but this proportion began to decrease during the 1830s. Some scholars attribute this change to a shift in the attitudes of judges. This view, however, is inconsistent with the fact that later court decisions continue to cite pre-1830 cases; in other words, the judges seem to think those early cases are still valid. A change in the patent examination procedure provides an alternative explanation for the shift in court decisions; after the change, patents were evaluated to make sure they adhered to patent law before the patents were granted.

Sample Passage Map

Here is one way to map this passage. (Note: abbreviate as desired!)

1) Shift in patent dec post-1830

Schol: judges’ tude change: more pro-patent

2) But, still cite pre-1830 cases, so maybe not J tude

Diff kinds of cases post-1830

Also: Patent app change

Note: tude is an abbreviation for the word attitude

Step 1: Identify the Question

The word inferred in the question stem indicates that this is an Inference question.

Step 2: Find the Support

The question relates to the citation of pre-1830 court decisions. This specific information is found in the middle of the second paragraph.

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 precedent. But pre-1830 cases have been cited as frequently as later decisions, suggesting that the early decisions…provided a lasting foundation for patent law.

The frequent citation of cases means that newer courts have not rejected the pre-1830 legal precedent and that these cases form the foundation for patent law.

Step 4: Eliminate and Find a Match

(A) The author argues the opposite, that there was no substantial change in judicial support for patent rights in the post-1830 era.

(B) CORRECT. The quoted material states that, if post-1830 judges were more supportive of patent rights, they would have rejected former legal precedent. If, on the other hand, they still frequently cited pre-1830 cases, they do not reject those old decisions. In other words, the post-1830 judges were not more supportive of patent rights; rather, something else changed to cause more cases to be decided in favor of the patent rights holder.

(C) Just because newer court cases cite cases from before 1830, it does not mean the same judicial standards are still in place. Moreover, in order to return to judicial standards, the courts would have had to have abandoned the standards and then adopted them again. The passage does not indicate this.

(D) The passage states the proportion of verdicts in favor of patentees did increase after 1830.

(E) The author of the passage does not express a belief that the judges were biased (before or after 1830). The scholars from the first paragraph suggest that judges may have been biased before 1830.
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Re: Because the framers of the United States Constitution (written in 1787  [#permalink]

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29 Sep 2017, 20:54
4
1
AbdurRakib wrote:
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 century 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.
(Book Question: 532)
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?

[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.]

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

Passage: US Patent Law

Question: Disagreement with Scholars

The Simple Story

There was a shift in court decisions related to patent disputes in the 1830s. Before this time, most verdicts were decided against the patent holder, but this proportion began to decrease during the 1830s. Some scholars attribute this change to a shift in the attitudes of judges. This view, however, is inconsistent with the fact that later court decisions continue to cite pre-1830 cases; in other words, the judges seem to think those early cases are still valid. A change in the patent examination procedure provides an alternative explanation for the shift in court decisions; after the change, patents were evaluated to make sure they adhered to patent law before the patents were granted.

Sample Passage Map

Here is one way to map this passage. (Note: abbreviate as desired!)

1) Shift in patent dec post-1830

Schol: judges’ tude change: more pro-patent

2) But, still cite pre-1830 cases, so maybe not J tude

Diff kinds of cases post-1830

Also: Patent app change

Note: tude is an abbreviation for the word attitude

Step 1: Identify the Question

The word inferred in the question stem indicates that this is an Inference question.

Step 2: Find the Support

Based on your overall understanding of the passage, identify the key disagreement between the scholars and the author. Their disagreement has to do with why there was an increase in court decisions in favor of patentees after 1830. The question asks about disagreements specifically about pre-1830 court cases, so find the sentence that discusses the scholars’ thoughts about these cases.

These scholars have contended that 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.

The author disagrees with the scholars’ beliefs about judge, so look for an answer that contrasts with the proof sentence: the author does not think that the judges were “antipatent” and does not believe that they invalidated patents for arbitrary reasons.

Step 4: Eliminate and Find a Match

(A) The passage does not discuss either the author or the scholars’ thoughts about the usefulness of the inventions.

(B) The disagreement between the scholars and the author does not relate to the importance of patents to economic growth; the disagreement is about what caused the increase in favorable court verdicts after 1830.

(C) The scholars and the author actually agree on this point; a greater proportion of court decisions invalidated patents pre-1830. The disagreement relates to the reason why this occurred.

(D) CORRECT. The scholars believe pre-1830 judges frequently invalidated patents for arbitrary reasons while the author believes that the legal reasoning in these decisions was sound.

(E) The author and the scholars agree on this point; both believe that judges were less likely to decide that patents were valid before 1830.
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Re: Because the framers of the United States Constitution (written in 1787  [#permalink]

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29 Sep 2017, 21:03
4
2
AbdurRakib wrote:
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 century 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.
(Book Question: 533)
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
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

Passage: US Patent Law

Question: Specific Detail

The Simple Story

There was a shift in court decisions related to patent disputes in the 1830s. Before this time, most verdicts were decided against the patent holder, but this proportion began to decrease during the 1830s. Some scholars attribute this change to a shift in the attitudes of judges. This view, however, is inconsistent with the fact that later court decisions continue to cite pre-1830 cases; in other words, the judges seem to think those early cases are still valid. A change in the patent examination procedure provides an alternative explanation for the shift in court decisions; after the change, patents were evaluated to make sure they adhered to patent law before the patents were granted.

Sample Passage Map

Here is one way to map this passage. (Note: abbreviate as desired!)

1) Shift in patent dec post-1830

Schol: judges’ tude change: more pro-patent

2) But, still cite pre-1830 cases, so maybe not J tude

Diff kinds of cases post-1830

Also: Patent app change

Note: tude is an abbreviation for the word attitude

Step 1: Identify the Question

The words cites … as evidence in the question stem indicate that this is a Specific Detail question.

Step 2: Find the Support

Find the evidence that challenges a specific argument; start by reading and paraphrasing that argument. Note that you will have to look in multiple places to answer this question.

In the first paragraph, the scholars argue that judges’ rulings were unfair and so the patent system may not have helped economic growth before 1830.

Next, what evidence does the author provide countering this claim? This information is found in the second paragraph.

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 precedent. But pre-1830 cases have been cited as frequently as later decisions, suggesting that the early decisions…provided a lasting foundation for patent law.

The author refutes the scholars argument by pointing out that the pre-1830 cases are still frequently cited. If the post-1830 judges believed that the pre-1830 rulings were unfair or arbitrary, then they would presumably not cite those decisions.

Step 4: Eliminate and Find a Match

(A) There is no dispute about the proportion of case decisions against patentees in the 1820s. The disagreement between the author and the scholars relates to the reasons why these decisions were made as they were made.

(B) The actual number of patent disputes in this time period is not mentioned in the passage.

(C) CORRECT. The fact that the cases are still cited counters the ideas that the pre-1830 decisions were arbitrary or biased.

(D) The scholars and the author agree on this point; a greater percentage of court cases were decided in favor of the patentee after 1830.

(E) The author does discuss a change in the patent system, specifically the application procedure, in 1836; the author also suggests that this change may have caused the change in court outcomes as opposed to the reasoning forwarded by the scholars. The constitutional rationale behind this change, however, is never discussed.
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Re: Because the framers of the United States Constitution (written in 1787  [#permalink]

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20 Oct 2017, 10:55
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.

(Book Question: 529)
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.
Correct. Direct from the passage as highlighted above.

B. Patent laws enacted during the 1830s better defined patent rights.
This is totally irrelevant. This cannot be inferred from the passage. It was the change in patent system which was better than the automatic grant of patent upon payment of a \$30 fee. Therefore, incorrect.

C. Judges became less prejudiced against patentees during the 1830s.
As can be understood from the passage that it was NOT the prejudice (preconceived notion) but it was a change in the underlying population of cases brought to trial. This change was partly due to an 1836 revision to the patent system. Therefore, incorrect.

D. After 1836, litigated cases became less representative of the population of patent disputes.
Not all does not means less representative. Therefore, incorrect.

E. The proportion of patent disputes brought to trial began to increase after 1836.
Incorrect. It was not the increase in the number of patent disputes but the adherence to patent law.
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Re: Because the framers of the United States Constitution (written in 1787  [#permalink]

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20 Oct 2017, 11:05
(Book Question: 530)
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. Irrelevant.
B. Its criteria for the granting of patents were not clear. The criteria was clear -- the judges were “antipatent” and routinely invalidated patents for arbitrary reasons -- that is they were prejudiced
C. It made it excessively difficult for inventors to receive patents. Though 75% were decided against the patentee but still 25% were in favor. So,
we cannot say it was excessively difficult

D. It led to excessive numbers of patent-infringement suits. Nope. Shell Game answer you can say.
E. It failed to encourage national economic growth.
If the scholars are questioning whether the American system helped achieve the framers’ goals, which was the new nation’s economic growth. Any option that says that the American system failed to encourage national economic growth would suffice. This is done by option E.
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Re: Because the framers of the United States Constitution (written in 1787  [#permalink]

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20 Oct 2017, 11:32
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.

(Book Question: 531)
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 Nope..
B. judicial support for patent rights did not increase after 1830 Correct as can be seen from the bolded statements above "the early decisions provided a lasting foundation for patent law."
C. courts have returned to judicial standards that prevailed before 1830 when did the courts went away from the judicial standards? this cannot be inferred.
D. verdicts favoring patentees in patent-infringement suits did not increase after 1830 Nope.. they did increase
E. judicial bias against patentees persisted after 1830 author disproves prejudice
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Re: Because the framers of the United States Constitution (written in 1787  [#permalink]

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15 Oct 2018, 16:26
P1 - us patent theory - why it is not solid.
P2 - this law was solid, proof.

(Book Question: 529)
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?

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.

A. Patent applications approved after 1836 were more likely to adhere closely to patent law. - no
---------------------------------------
(Book Question: 530)
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?

the goal of the framers was - encourage the new nation’s economic growth
the goal was not achieved, so this must not achieved.

E. It failed to encourage national economic growth.

--------------------------------

(Book Question: 531)
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

B. judicial support for patent rights did not increase after 1830

------------------------------------------
(Book Question: 532)
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?

D. Whether the patents were routinely invalidated for reasons that were arbitrary - yes
--------------------------------------------

(Book Question: 533)
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]?

PT - we need to weaken above statement - something to say that in this duration decisions were solid. C is helping us. caurt were taking decision on pre-trial motion of some kind.

C. The fact that later courts drew upon the legal precedents set in pre-1830 patent cases
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Re: Because the framers of the United States Constitution (written in 1787  [#permalink]

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25 Oct 2018, 08:17
3
sachin97 wrote:
can anyone tell me why id D correct for Q4

Quote:
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?

To answer this question, we need to recall what the scholars think about patents in patent-infringement suits before 1830. We also need to know how the author responds to these scholars' viewpoint if we're going to identify how the author disagrees with them.

The author wrote the first paragraph in order to present what these scholars believe: Before 1830, inventors weren't able to enforce their property rights because judges routinely invalidated their patents for arbitrary reasons.

The author spends the second paragraph challenging these scholars' belief. The point of the second paragraph is that these scholars are getting carried away with a single metric (the rate of verdicts against patentees) when they evaluate judicial attitudes towards patents. The author specifically points out that there are alternative causes for the change in this particular metric. The author also points out that the rulings that judges made before 1830 were not totally arbitrary.

Not all patent disputes in the early nineteenth century 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...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...

OK, so when we boil this all down:

• Scholars think that judges were "antipatent" for arbitrary reasons, and point to the rate of anti-patentee verdicts as evidence of this judicial attitude.
• The author thinks that judges' "antipatent" rulings were not arbitrary, and believes the rate of anti-patentee verdicts is a poor gauge for judicial attitudes.

Now that we've cleared it up, (D) leaps off the page as the best answer choice:

Quote:
D. Whether the patents were routinely invalidated for reasons that were arbitrary

And since we've gotten to this choice based on a clear reading of the author's purpose and the passage structure, it's not too hard to eliminate all of the other choices. The GMAT likes to dangle little details in hopes of getting us to pick something that sounds right. But every one of those details falls apart when we keep in mind the point of the passage and the contrasting viewpoints of the author vs. scholars.

I hope this helps!
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Re: Because the framers of the United States Constitution (written in 1787  [#permalink]

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01 Jul 2019, 20:07
3
(OG 2019 Question: 525) Q-01
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.
(Correct)

B. Patent laws enacted during the 1830s better defined patent rights.
(They did not define patent rights)

C. Judges became less prejudiced against patentees during the 1830s.
(Passage infact rejected that judges changed their opinion)

D. After 1836, litigated cases became less representative of the population of patent disputes.
(Passage does not say that population of dispute are different from that of patent cases as a whole)

E. The proportion of patent disputes brought to trial began to increase after 1836.
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Re: Because the framers of the United States Constitution (written in 1787  [#permalink]

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01 Jul 2019, 20:11
3
(OG 2019 Question: 526) Ques-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.
(Definition of property rights not disputed)

B. Its criteria for the granting of patents were not clear.
(Criteria of granting rights was clear but application was not scrutinized properly)

(Not mentioned)

D. It led to excessive numbers of patent-infringement suits.
(No of suits did not increase however judgement in favour increase)

E. It failed to encourage national economic growth.
(Correct: Critics--> Goal --> Economic Growth)
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Re: Because the framers of the United States Constitution (written in 1787  [#permalink]

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01 Jul 2019, 20:15
3
(OG 2019 Question: 527) Ques-3
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
(Support did not change)

B. judicial support for patent rights did not increase after 1830
(Correct: Old cases are still cited. Therefore intent/support still same)

C. courts have returned to judicial standards that prevailed before 1830
(returning to judicial standards not mentioned anywhere)

D. verdicts favoring patentees in patent-infringement suits did not increase after 1830
(Opposite: Infact verdicts in favour increase)

E. judicial bias against patentees persisted after 1830
(There was no judicial bias)
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Re: Because the framers of the United States Constitution (written in 1787  [#permalink]

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01 Jul 2019, 20:20
3
(OG 2019 Question: 528) (Ques-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
(No mention of utility in passage)

B. Whether the patents were actually relevant to the growth of the United States economy
(Scholar thought that it was not relevant to the growth but author viewpoint for growth is not mentioned)

C. Whether the patents were particularly likely to be annulled by judges
(Both used to believe the same)

D. Whether the patents were routinely invalidated for reasons that were arbitrary
Correct. (Scholar-> Agree. Author->Disagree, it was invalidated because of improper standard of application (definite reason))

E. Whether the patents were vindicated at a significantly lower rate than patents in later suits
(Both agrees to this)
Re: Because the framers of the United States Constitution (written in 1787   [#permalink] 01 Jul 2019, 20:20

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