Faculty researchers, particularly in scientific, engineering, and medi

Question

Faculty researchers, particularly in scientific,
engineering, and medical programs, often produce
scientific discoveries and invent products or processes
that have potential commercial value. Many
  (5)   institutions have invested heavily in the
administrative infrastructure to develop and exploit
these discoveries, and they expect to prosper both by
an increased level of research support and by the
royalties from licensing those discoveries having
  (10)   patentable commercial applications. However,
although faculty themselves are unlikely to become
entrepreneurs, an increasing number of highly valued
researchers will be sought and sponsored by research
corporations or have consulting contracts with
  (15)   commercial firms. One study of such entrepreneurship
concluded that “if universities do not provide the
flexibility needed to venture into business, faculty
will be tempted to go to those institutions that are
responsive to their commercialized desires.” There is
  (20)   therefore a need to consider the different intellectual
property policies that govern the commercial
exploitation of faculty inventions in order to
determine which would provide the appropriate level
of flexibility.

(25)   In a recent study of faculty rights, Patricia Chew
has suggested a fourfold classification of institutional
policies. A supramaximalist institution stakes out the
broadest claim possible, asserting ownership not only
of all intellectual property produced by faculty in the
  (30)   course of their employment while using university
resources, but also for any inventions or patent rights
from faculty activities, even those involving research
sponsored by nonuniversity funders. A maximalist
institution allows faculty ownership of inventions that
  (35)   do not arise either “in the course of the faculty’s
employment   from the faculty’s use of university
resources.” This approach, although not as all
encompassing as that of the supramaximalist
university, can affect virtually all of a faculty
  (40)   member’s intellectual production. A resource-provider
institution asserts a claim to faculty’s intellectual
product in those cases where “significant use” of
university time and facilities is employed. Of course,
what constitutes significant use of resources is a
  (45)   matter of institutional judgment.

As Chew notes, in these policies “faculty rights,
including the sharing of royalties, are the result of
university benevolence and generosity.   presumption is contrary to the common law,
  (50)   which provides that faculty own their inventions.”
Others have pointed to this anomaly and, indeed, to
the uncertain legal and historical basis upon which
the ownership of intellectual property rests. Although
these issues remain unsettled, and though universities
  (55)   may be overreaching due to faculty’s limited
knowledge of their rights, most major institutions
behave in the ways that maximize university
ownership and profit participation.

But there is a fourth way, one that seems to be
  (60)   free from these particular issues. Faculty-oriented
institutions assume that researchers own their own
intellectual products and the rights to exploit them
commercially, except in the development of public
health inventions or if there is previously specified
  (65)   “substantial university involvement.” At these
institutions industry practice is effectively reversed,
with the university benefiting in far fewer
circumstances.    1 
 1. Which one of the following most accurately summarizes the main point of the passage?

(A) While institutions expect to prosper from increased research support and royalties from patentable products resulting from faculty inventions, if they do not establish clear-cut policies governing ownership of these inventions, they run the risk of losing faculty to research corporations or commercial consulting contracts.
(B) The fourfold classification of institutional policies governing exploitation of faculty inventions is sufficient to categorize the variety of steps institutions are taking to ensure that faculty inventors will not be lured away by commercial firms or research corporations.
(C) To prevent the loss of faculty to commercial firms or research corporations, institutions will have to abandon their insistence on retaining maximum ownership of and profit from faculty inventions and adopt the common-law presumption that faculty alone own their inventions.
(D) While the policies of most institutions governing exploitation of faculty inventions seek to maximize university ownership of and profit from these inventions, another policy offers faculty greater flexibility to pursue their commercial interests by regarding faculty as the owners of their intellectual products.
(E) Most institutional policies governing exploitation of faculty inventions are indefensible because they run counter to common-law notions of ownership and copyright, but they usually go unchallenged because few faculty members are aware of what other options might be available to them.

2 
 2. Which one of the following most accurately characterizes the author’s view regarding the institutional intellectual property policies of most universities?

(A) The policies are in keeping with the institution’s financial interests.
(B) The policies are antithetical to the mission of a university.
(C) The policies do not have a significant impact on the research of faculty.
(D) The policies are invariably harmful to the motivation of faculty attempting to pursue research projects.
(E) The policies are illegal and possibly immoral.

3 
 3. Which one of the following institutions would NOT be covered by the fourfold classification proposed by Chew?

(A) an institution in which faculty own the right to some inventions they create outside the institution
(B) an institution in which faculty own all their inventions, regardless of any circumstances, but grant the institution the right to collect a portion of their royalties
(C) an institution in which all inventions developed by faculty with institutional resources become the property of the institution
(D) an institution in which all faculty inventions related to public health become the property of the institution
(E) an institution in which some faculty inventions created with institutional resources remain the property of the faculty member

4 
 4. The passage suggests that the type of institution in which employees are likely to have the most uncertainty about who owns their intellectual products is the

(A) commercial firm
(B) supramaximalist university
(C) maximalist university
(D) resource-provider university
(E) faculty-oriented university

5 
 5. According to the passage, what distinguishes a resource-provider institution from the other types of institutions identified by Chew is its

(A) vagueness on the issue of what constitutes university as opposed to nonuniversity resources
(B) insistence on reaping substantial financial benefit from faculty inventions while still providing faculty with unlimited flexibility
(C) inversion of the usual practices regarding exploitation of faculty inventions in order to give faculty greater flexibility
(D) insistence on ownership of faculty inventions developed outside the institution in order to maximize financial benefit to the university
(E) reliance on the extent of use of institutional resources as the sole criterion in determining ownership of faculty inventions

6 
 6. The author of the passage most likely quotes one study of entrepreneurship in lines 16–19 primarily in order to

(A) explain why institutions may wish to develop intellectual property policies that are responsive to certain faculty needs
(B) draw a contrast between the worlds of academia and business that will be explored in detail later in the passage
(C) defend the intellectual property rights of faculty inventors against encroachment by the institutions that employ them
(D) describe the previous research that led Chew to study institutional policies governing ownership of faculty inventions
(E) demonstrate that some faculty inventors would be better off working for commercial firms

7 
 7. The passage suggests each of the following EXCEPT:

(A) Supramaximalist institutions run the greatest risk of losing faculty to jobs in institutions more responsive to the inventor’s financial interests.
(B) A faculty-oriented institution will make no claim of ownership to a faculty invention that is unrelated to public health and created without university involvement.
(C) Faculty at maximalist institutions rarely produce inventions outside the institution without using the institution’s resources.
(D) There is little practical difference between the policies of supramaximalist and maximalist institutions.
(E) The degree of ownership claimed by a resource-provider institution of the work of its faculty will not vary from case to case.

Source:   LSAT Official PrepTest 43   
 Difficulty Level:   700

RC Butler 2021  -  Practice Two RC Questions Everyday.   
Passage # 301 Date: 30-Jul-2021
 This question is a part of RC Butler 2021 .  Click here for Details

PrachiMaloo · Answer

Can someone provide an explanation for questions 3,4,5,6 and 7?

DinoPen · Answer

I got all them correct except #1 :/ Can someone care to explain?

2. Which one of the following most accurately characterizes the author’s view regarding the institutional intellectual property policies of most universities?

A. Check out lines 53-58.

"Although these issues remain unsettled, and though universities
(55) may be overreaching due to faculty’s limited knowledge of their rights, most major institutions
behave in the ways that maximize university ownership and profit participation."

3. Which one of the following institutions would NOT be covered by the fourfold classification proposed by Chew?

(A) an institution in which faculty own the right to some inventions they create outside the institution
 This fits into a Faculty-oriented institutions.

(B) an institution in which faculty own all their inventions, regardless of any circumstances, but grant the institution the right to collect a portion of their royalties
 This sounds like it fits with that of a resource-oriented institution. But, in these institutions, they don't own their inventions. This is the odd one out.

(C) an institution in which all inventions developed by faculty with institutional resources become the property of the institution
 This fits with supermax institution.

(D) an institution in which all faculty inventions related to public health become the property of the institution
 This fits with faculty-oriented institutions.

(E) an institution in which some faculty inventions created with institutional resources remain the property of the faculty member
 This fits with a resource provider faculty.

4. The passage suggests that the type of institution in which employees are likely to have the most uncertainty about who owns their intellectual products is the
(D) resource-provider university
 See paragraph 3

5. According to the passage, what distinguishes a resource-provider institution from the other types of institutions identified by Chew is its

(E) reliance on the extent of use of institutional resources as the sole criterion in determining ownership of faculty inventions
 This is it. See paragraph 3. The resource provider idea is the only one whose criteria of ownership is determined by the extent of used resources.

6. The author of the passage most likely quotes one study of entrepreneurship in lines 16–19 primarily in order to

(A) explain why institutions may wish to develop intellectual property policies that are responsive to certain faculty needs
 Well, this is kind of the main purpose of the entire passage. But this leads to describing the 4 guidelines used by universities. The policies just depend on how much the universities seek to gain from their faculty. Answer.

7. The passage suggests each of the following EXCEPT:

By POE, I crossed out A B and D. (Can find evidence to suggest that they can be inferred)

(C) Faculty at maximalist institutions rarely produce inventions outside the institution without using the institution’s resources.
 I had to really infer this. But, judging by lines 37-40

This approach, although not as all
encompassing as that of the supramaximalist
university, can affect virtually all of a faculty
(40) member’s intellectual production.
 
 We know that supermax does not grant many commercial rights to their employees. So, because of the section above, we know that max and supermax are quite close to each other. Without many rights, we can infer that max employees don't innovate without institutions resources (are very difficult to)
 
(E) The degree of ownership claimed by a resource-provider institution of the work of its faculty will not vary from case to case.
 You can argue the opposite here. Answer.

abhola · Answer

Hi  Sajjad1994

Given the length of the passage and the number of tricky questions that follow the passage i.e, 1, 3, 5, 7, this passage can be categorised as a 700+ level passage. Not debating but just curious to know what qualifies this passage as a 600-700 level passage?

Regards.

Sajjad1994 · Answer

Hi abhola

I have updated the difficulty level, Thank you!

ABHRAJIT · Answer

Hi  Sajjad1994

For question 7, I am not able to eliminate option C. I also don't understand why E is correct, it mentions 'degree of ownership' but the passage mentions only the degree of 'significant use' of resources and not any degree of ownership , so ownership is either 100% or 0% based on their classification of significant use.

Sajjad1994 · Answer

Explanation

7. The passage suggests each of the following EXCEPT:

Difficulty Level:   650-700

Explanation

(A) If the study is right and “flexibility” is needed to keep faculty from bolting, then surely

(A)  is right in professing that the least flexible policy of all, supramaximalism, holds the most risk. Inferable.

(B)  This is a logically correct restatement of  lines 61–65.  Absent those two exceptions, inventors at faculty-oriented institutions would own their own work. Inferable.

(C)  This is the reason why the author says that the maximalist institution is almost as “all-encompassing” as the supramaximalist one: the condition (lines 35–37) is about as broad as it can possibly be. Inferable.

(D)  This is the upshot of  (C)  and the reason why the author virtually equates policies #1 and # 2 in lines 37–40. Inferable.

(E) As the only choice left,  (E)  had better contradict the passage or lie outside the scope. And it does contradict the passage: because the resource-provider policy offers the most wiggle room in terms of what does and does not constitute “significant use,” the likelihood is that the degree would vary from case to
case. (E) is therefore correct.

Answer: E

pintukr · Answer

1. Which one of the following most accurately summarizes the main point of the passage?

(A) While institutions expect to prosper from increased research support and royalties from patentable products resulting from faculty inventions,  if they do not establish clear-cut policies governing ownership of these inventions, they run the risk of losing faculty  . to research corporations or commercial consulting contracts
 likely factors possibly leading to loss of faculty members -- have not been delved into the passage

(B) The fourfold classification of institutional policies governing exploitation of faculty inventions is sufficient to categorize the variety of steps institutions are taking to ensure that faculty inventors will not be lured away by commercial firms or research corporations.
 The passage doesn't relate only to the steps taken by the institutions, rather the main purpose is to highlight the comparisons regarding university ownership of inventions, and flexibity for the faculty members to pursue their commercial interests
 
(C) To prevent the loss of faculty to commercial firms or research corporations, institutions will have to abandon their insistence on retaining maximum ownership of and profit from faculty inventions and adopt the common-law presumption that faculty alone own their inventions.
 Out of scope, since steps focussed at preventing the loss of faculty members -- have not been delved into the passage

(D) While the policies of most institutions governing exploitation of faculty inventions seek to maximize university ownership of and profit from these inventions, another policy offers faculty greater flexibility to pursue their commercial interests by regarding faculty as the owners of their intellectual products.
  The prompt, in a wholesome manner, covers the focus of the passage ie, highlighting the comparisons regarding university ownership of inventions, and flexibity for the faculty members to pursue their commercial interests

(E) Most institutional policies governing exploitation of faculty inventions are indefensible because they run counter to common-law notions of ownership and copyright, but they usually go unchallenged because few faculty members are aware of what other options might be available to them.
 The discussed institutional policies do discuss the varying levels of existing ownership and copywright aspects..the given prompt is contrary to the passage contents

(D) is the CORRECT answer

tryingtoaimhigher · Answer

Hi, request if you could kindly upload official answer for Q1? Thanks in advance

Sajjad1994 · Answer

Explanation

1. Which one of the following most accurately summarizes the main point of the passage?

Difficulty Level:   700

Explanation

A prediction of the author’s main point should include a summary of the problem (e.g., who will profit from faculty members’ inventions?), and must point to her recommended solution (e.g., the  “faculty-oriented”  policy).  (D)  does exactly that, but most people are going to find it tough to recognize (D)’s superiority, stuck as it is in the middle of 35 lines of text. The point of entry ought to be each choice’s main subject and verb:

(A)  boils down to:  “If   don’t establish policies…they run the risk of losing faculty.”  That summarizes the dilemma laid out in paragraph 1, especially in  lines 15–19 , but ignores the proposed solution. Eliminate.

(B) “The fourfold classification…is sufficient.”  This implies that all four policies are part of the solution, when in fact the first three fall woefully short and only policy # 4 satisfies. Eliminate.

(C) “Institutions will have to abandon…and adopt…”  This implies that the passage ends in a prediction (when it does not). Also, none of the four policies adopts the notion that  “faculty alone own their inventions,”  although policy # 4 comes the closest. Eliminate.

(D) “Another policy offers faculty greater flexibility…”  The main subject and verb are right on the money, as is all of  (D)  when read as a whole. This is the winner, so we know that  (E)  will be poor. Let’s check it.

(E) “Most policies…are indefensible…but go unchallenged.”  This puts the focus on the three untenable policies and lacks any recognition of the one policy that the author favors.  (E)  can also be eliminated.

Answer: D

pintukr · Answer

2. Which one of the following most accurately characterizes the author’s view regarding the institutional intellectual property policies of most universities?

(A) The policies are in keeping with the institution’s financial interests.
  All four policies discussed in the passage lay higher emphasis on the research institution's financial interests, while laying lower emphasis on furthering the commercialized interests of the faculty researchers..CORRECT answer

(B) The policies are antithetical to the mission of a university.
 Irrelevant prompt..in fact opposite to what has been claimed in the passage

(C) The policies do not have a significant impact on the research of faculty.
 The four policies do have variable impact on the commercialized interests of the faculty researchers

(D) The policies are invariably harmful to the motivation of faculty attempting to pursue research projects.
 Too extreme..it has been highlighted that the four policies might have varying impact on the motivation of faculty researchers

(E) The policies are illegal and possibly immoral.
 Out of scope, since not discussed in the passage

IMO, (A) is the CORRECT answer

pintukr · Answer

3. Which one of the following institutions would NOT be covered by the fourfold classification proposed by Chew?

(A) an institution in which faculty own the right to some inventions they create outside the institution
 characteristic of resource-provider institutions

(B) an institution in which faculty own all their inventions, regardless of any circumstances, but grant the institution the right to collect a portion of their royalties
  not discussed in the passage, amongst the four policies highlighted in the passage..CORRECT answer

(C) an institution in which all inventions developed by faculty with institutional resources become the property of the institution
 characteristic of supra-maximalist institutions
 
(D) an institution in which all faculty inventions related to public health become the property of the institution
 characteristic of faculty-oriented institutions

(E) an institution in which some faculty inventions created with institutional resources remain the property of the faculty member
 characteristic of maximalist institutions

IMO, (B) is the CORRECT answer

pintukr · Answer

4. The passage suggests that the type of institution in which employees are likely to have the most uncertainty about who owns their intellectual products is the

(A) commercial firm
 most responsive to the commercialized interests of the faculty researchers (refer paragraph 1)

(B) supra-maximalist university
 most certain nature ie, such institutions lay the broadest claim possible, asserting ownership not only of all intellectual property produced by faculty

(C) maximalist university
 clear guidelines regarding allows faculty ownership of inventions that do not arise either “in the course of the faculty’s employment, or from the faculty’s use of university resources.

(D) resource-provider university
  based on 'significant' use of university's resources..However, the passage highlights that 'significant use of resources' is a matter of institutional judgment ..hence maximum uncertainty..CORRECT answer

(E) faculty-oriented university
 such institutions assume that researchers own their own intellectual products and the rights to exploit them commercially, except in the development of public health inventions

(D) is the CORRECT answer

pintukr · Answer

5. According to the passage, what distinguishes a resource-provider institution from the other types of institutions identified by Chew is its

(A) vagueness on the issue of what constitutes university as opposed to nonuniversity resources
 distortion in explaining the resource-provider institutions. In fact such institutions rely on the detrmination of the extent of use of institutional resources.  
 
(B) insistence on reaping substantial financial benefit from faculty inventions while still providing faculty with unlimited flexibility
 no discussion regarding flexibility to the faculty researchers regarding resource - provider institutions ..in the passage

(C) inversion of the usual practices regarding exploitation of faculty inventions in order to give faculty greater flexibility
 characteristic of faculty-oriented institutions, and not the resource-provider institutions

(D) insistence on ownership of faculty inventions developed outside the institution in order to maximize financial benefit to the university
 characteristic of supra-maximalist institutions, and not the resource-provider institutions

(E) reliance on the extent of use of institutional resources as the sole criterion in determining ownership of faculty inventions
  resource-provider institutions rely on the detrmination of the extent of use of institutional resources. As highlighted in lines 40-45 (paragraph 2) of the passage..CORRECT answer

(E) is the CORRECT answer

pintukr · Answer

6. The author of the passage most likely quotes one study of entrepreneurship in lines 16–19 primarily in order to

(A) explain why institutions may wish to develop intellectual property policies that are responsive to certain faculty needs
  It can be inferred using the contents of the passage that institutions might develop such policies to obviate the situation that the faculty researchers may move towards having consulting contracts with commercial firms or get weaned away towards directly working with research corporations

(B) draw a contrast between the worlds of academia and business that will be explored in detail later in the passage
 no discussions regarding the comparison between the worlds of academia and business have been delved into the passage

(C) defend the intellectual property rights of faculty inventors against encroachment by the institutions that employ them
 such apprehensions on the part of institutions have been discussed in the passage

(D) describe the previous research that led Chew to study institutional policies governing ownership of faculty inventions
 Irrelevant prompt, since no previous research by Chew has been spoken about

(E) demonstrate that some faculty inventors would be better off working for commercial firms
 policies primarily address the faculty needs, particularly regarding their commercialized interests

(A) is the CORRECT answer

pintukr · Answer

7. The passage suggests each of the following EXCEPT:

(A) Supramaximalist institutions run the greatest risk of losing faculty to jobs in institutions more responsive to the inventor’s financial interests.
 least flexibilty in Supra-maximalist institutions..hence greatest risk of losing faculty

(B) A faculty-oriented institution will make no claim of ownership to a faculty invention that is unrelated to public health and created without university involvement.
 discussed in lines 61-65 (4th paragraph) of the passage

(C) Faculty at maximalist institutions rarely produce inventions outside the institution without using the institution’s resources.
 highlighted in lines 37-40 (2nd paragraph) of the passage, which highlights close resemblance to supra-maximalist institutions

(D) There is little practical difference between the policies of supramaximalist and maximalist institutions.
 maximalist institutions' policies can affect virtually all of a faculty member’s intellectual production by attributing the production to be linked to the faculty’s use of university resources.again, highlighted in lines 37-40 (2nd paragraph) of the passage 
 
(E) The degree of ownership claimed by a resource-provider institution of the work of its faculty will not vary from case to case.
  It has been clearly highlighted in lines 43-45 that 'what constitutes significant use of resources is a matter of institutional judgment'-- highlighting evident variation on case-to-case basis..CORRECT answer

(E) is the CORRECT answer

Raman109 · Answer

1. Which one of the following most accurately summarizes the main point of the passage?

Remember, the main idea is the viewpoint of the author and not anyone else.

(A) While institutions expect to prosper from increased research support and royalties from patentable products resulting from faculty inventions, if they do not establish clear-cut policies governing ownership of these inventions, they run the risk of losing faculty to research corporations or commercial consulting contracts. - This is the viewpoint of the study and not the author. Wrong.

(B) The fourfold classification of institutional policies governing exploitation of faculty inventions is sufficient to categorize the variety of steps institutions are taking to ensure that faculty inventors will not be lured away by commercial firms or research corporations. - out of scope.

(C) To prevent the loss of faculty to commercial firms or research corporations, institutions will have to abandon their insistence on retaining maximum ownership of and profit from faculty inventions and adopt the common-law presumption that faculty alone own their inventions. - again no such opinion by the author.

(D) While the policies of most institutions governing exploitation of faculty inventions seek to maximize university ownership of and profit from these inventions, another policy offers faculty greater flexibility to pursue their commercial interests by regarding faculty as the owners of their intellectual products. - ok.

(E) Most institutional policies governing exploitation of faculty inventions are indefensible because they run counter to common-law notions of ownership and copyright, but they usually go unchallenged because few faculty members are aware of what other options might be available to them - limited in scope and the passage doesn't make the strong case that Most institutional policies are indefensible.

anish823 · Answer

I had question 1 wrong; I answered A but option D is correct.

After reviewing the wording of A, I realized why it's wrong.

Option A states "if they (universities)  do not establish clear-cut policies governing ownership of these inventions ...".

It's not about establishing clear policies governing ownership of inventions. The author does not suggest that current policies are not clear.

It's all about reviewing current policies in order to bring more flexibility to faculty desires:
"if universities do not provide the flexibility needed to venture into business, faculty will be tempted to go to those institutions t2hat are responsive to their commercialized desires."

Faculty researchers, particularly in scientific, engineering, and medi

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Faculty researchers, particularly in scientific, engineering, and medi

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