【OG24-601题】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 ?_mofa留学圈mofaGRE在线题库系统_GRE在线搜题_GRE题库解析_GRE真题机经_GRE课程_GRE培训机构

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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 entury 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.

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 ?

Patent applications approved after 1836 were more likely to adhere closely to patent law. Patent laws enacted during the 1830s better defined patent rights. Judges became less prejudiced against patentees during the 1830s. After 1836, litigated cases became less representative of the population of patent disputes. The proportion of patent disputes brought to trial began to increase after 1836.

正确答案： A

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文章大意逻辑
美国宪法制定者认为保护发明的财产权能促进经济增长，所以赋予国会授予发明专利的宪法授权，由此产生的专利制度成为他国典范。但近期学者质疑美国专利制度是否实现了制定者目标，学者认为1830年前美国发明家无法执行财产权，因为法官“反专利”，19世纪20年代75%的判决不利于专利权人，而19世纪30年代有利于专利权人的判决比例开始增加，学者认为这表明司法态度转变。然而，并非所有19世纪早期专利纠纷都诉讼，诉讼案件也非随机抽取，所以不能仅依据有利于专利权人的判决比例判断司法态度或专利权的可执行性，早期不利于专利权人的判决也常被引用，其为专利法奠定基础，19世纪30年代有利于专利权人的判决比例增加可能另有原因。 文章类型及逻辑简图
文章类型：新旧观点对比。逻辑简图： Old view：The framers of the US Constitution gave Congress mandate to grant patents for economic growth. New view：Scholars question if the American system achieved the framers' goals. Before 1830, inventors couldn't enforce property rights due to "antipatent" judges. The proportion of verdicts for patentees increased in the 1830s, suggesting a shift in judicial attitudes. Counter argument：Not all disputes were litigated, litigated cases were not random. Early decisions also provided a foundation for patent law. 做题方法及问题类型
问题类型：推断题。做题方法：根据题干中“the proportion of verdicts in favor of patentees began to increase in the 1830s”定位到文章中相关表述，进行推理判断。 选项分析
A选项：1836年后被批准的专利申请更可能严格遵守专利法。虽然文章未直接提及，但可合理推断，专利申请更合规可能使有利于专利权人的判决增加，该项正确。 B选项：19世纪30年代制定的专利法更好地定义了专利权。文章未提到专利法在定义专利权方面在30年代有变化，排除。 C选项：19世纪30年代法官对专利权人的偏见减少。文章反驳了仅根据判决比例就得出法官态度转变的观点，排除。 D选项：1836年后诉讼案件对专利纠纷群体的代表性降低。文章未提及诉讼案件代表性与有利于专利权人判决比例增加的关系，排除。 E选项：1836年后提交审判的专利纠纷比例增加。文章没有信息表明此内容与有利于专利权人判决比例增加有关，排除。

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