【OG24-605题】The author of the passage cites which of the following as evidence challenging the argument referred to in highlight lines_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 author of the passage cites which of the following as evidence challenging the argument referred to in highlight lines

The proportion of cases that were decided against patentees in the 1820s The total number of patent disputes that were litigated from 1794 to 1830 The fact that later courts drew upon the legal precedents set in pre-1830 patent cases The fact that the proportion of judicial decisions in favor of patentees began to increase during the 1830s The constitutional rationale for the 1836 revision of the patent system

正确答案： C

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文章大意逻辑
美国宪法制定者认为保护发明相关财产权能促进经济增长，赋予国会授予专利的宪法职责，形成的专利体系成为他国典范。然而，学者质疑美国专利体系是否达成制定者目标，称1830年前美国发明家无法行使财产权，法官“反专利”。此观点部分基于对专利持有人诉讼案件判决的审查，如19世纪20年代75%判决不利于专利权人，30年代有利判决比例上升。但并非所有专利纠纷都诉讼，且诉讼案件不随机，所以有利判决率不能单独衡量司法态度。早期判决常被后来法庭引用，说明早期判决为专利法提供基础，19世纪30年代有利判决比例上升是持续趋势一部分。 文章类型与逻辑简图
文章类型：新旧观点对比 逻辑简图： Old view: American patent system didn't achieve framers' goals before 1830, based on court decision examination (e.g., high proportion of verdicts against patentees in 1820s). New view: The rate of verdicts in favor of patentees can't gauge judicial attitudes alone. Early decisions provided a foundation, and the increase in favorable verdicts in 1830s was part of a continuing trend. 问题类型与做题方法
问题类型：细节题 做题方法：根据题目中“evidence challenging the argument”定位到文章中对学者观点质疑的部分，即关于早期判决被引用等内容。 选项分析
A选项：19世纪20年代不利于专利权人的案件比例，这是支持学者观点的证据，而非质疑，排除。 B选项：1794年到1830年专利纠纷诉讼的总数，与质疑学者观点无关，排除。 C选项：后来法庭引用1830年前专利案件的法律先例，这表明早期判决并非不支持专利权，是质疑学者观点的证据，当选。 D选项：19世纪30年代有利于专利权人的司法判决比例上升，只是陈述现象，未直接质疑学者基于早期判决的观点，排除。 E选项：1836年专利体系修订的宪法依据，与质疑学者关于早期专利体系是否达成目标的观点无关，排除。

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