【OG24-604题】It can be inferred from the passage that the author and the scholars referred to in highlight lines disagree about which of the following aspects of the patents defended in patent-infringement suits before 1830 ?_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.

It can be inferred from the passage that the author and the scholars referred to in highlight lines disagree about which of the following aspects of the patents defended in patent-infringement suits before 1830 ?

Whether the patents were granted for inventions that were genuinely useful Whether the patents were actually relevant to the growth of the United States economy Whether the patents were particularly likely to be annulled by judges Whether the patents were routinely invalidated for reasons that were arbitrary Whether the patents were vindicated at a significantly lower rate than patents in later suits

正确答案： D

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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，所以赋予国会授予专利的宪法授权，由此产生的专利制度成为他国模范。然而，近期学者质疑美国专利制度是否达成制定者目标，学者称1830年前法官“反专利”，常随意使专利无效。但并非所有专利纠纷都诉讼，诉讼案件也非随机选取，不能仅靠胜诉率判断司法态度。早期判决为专利法奠定基础，后来支持专利权的判决比例上升。 文章类型及逻辑简图
文章类型：新旧观点对比 逻辑简图： Constitution framers' view: Protecting property rights of inventions→Economic growth, grant Congress power to grant patents. Scholars' view: Question whether American patent system achieved framers' goals, claim judges were "antipatent" before 1830. Author's counter argument: Litigation cases not random, can't gauge judicial attitudes by verdict rate, early decisions laid foundation, later proportion of favorable decisions increased. 问题类型及做题方法
问题类型：推断题 做题方法：根据高亮句子提及的学者观点，以及作者对学者观点的反驳，推断作者与学者在1830年前专利侵权诉讼中所涉专利方面的分歧，定位到学者认为法官随意使专利无效等相关内容。 选项分析
A选项：文章未提及作者和学者在专利是否真正有用方面存在分歧，排除。 B选项：文章没有关于专利与美国经济增长实际相关性的分歧讨论，排除。 C选项：学者只是说法官常随意使专利无效，没重点在专利是否特别容易被法官废止，排除。 D选项：学者认为专利常因随意原因被无效，而作者通过分析诉讼案件情况等反驳了这一点，所以在专利是否常因随意原因被无效上存在分歧，当选。 E选项：文章未涉及1830年前专利胜诉率与后期专利胜诉率比较方面的分歧，排除。

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