#17 - Must Be True

[Administrator]

Complete Question Explanation
(See the complete passage discussion here: lsat/viewtopic.php?t=13783)

The correct answer choice is (E)

This question asks us to determine the meaning of the term “invent around,” as it is used in passage A. In the second paragraph, the author explains why patents should be narrow enough to “invent around,” and laments the practice of issuing patents that are “so broad that inventing around them is practically impossible” (lines 14-15). Specific Reference/Purpose questions require contextual awareness of the referenced text, and are best approached with an active prephrase.

Answer choice (A): This is the Reverse answer choice. Inventing around existing patents requires “nonobvious” inventions that can be patented, rather than “obvious” inventions that cannot be patented.

Answer choice (B): Concealing a patent infringement sounds unwise, and is never discussed in either passage. This answer choice is incorrect.

Answer choice (C): This answer choice may sound attractive, because one could argue that using a patented invention in a novel way is tantamount to “inventing around” that patent. While this may be a hotly debated issue in patent law, it is not the author’s argument. Beware of introducing outside information to the passage when answering Must Be True questions.

Answer choice (D): While “inventing around” does require developing new products, there is no reason to believe that the principles upon which such inventions are based must be “entirely different” from those for products affected by competitors’ patents. This answer choice contains an exaggeration and is incorrect.

Answer choice (E): This is the correct answer choice. From the discussion in the second paragraph of passage A, we know that “inventing around” existing patents requires such patents to be narrow enough that companies can circumvent them, i.e. devise products that are functionally similar to the ones patented, but different enough to avoid patent infringement.

[avengingangel]

Could someone please explain what from the passage indicates E as the correct answer? I chose D because I thought it provided the best meaning. There's nothing that I got from the passage that indicated the author was talking about inventing something that serves the same function as something that is patented ?? Thanks!

[David Boyle]

Could someone please explain what from the passage indicates E as the correct answer? I chose D because I thought it provided the best meaning. There's nothing that I got from the passage that indicated the author was talking about inventing something that serves the same function as something that is patented ?? Thanks!

Hello,

Answer D is sort of an opposite answer. If you're inventing something completely new, why would you get in trouble?
As for answer E: we see that "...a court recently held that a technology company had infringed on patents covering computer servers that perform ... translations. In an ideal world, patents would be narrow enough that companies could “invent around” others’ patents if licensing agreements cannot be reached." So it seems the meaning of "invent around" would be something resembling "do something like what a patented item does, but without infringing the patent", and answer E says pretty much that: "devise something that serves the same function as the patented invention without violating the patent".

David

[Albertlyu]

HI, I chose C instead of E, because, from the context: "Unfortunately, the patent system has departed from this ideal" etc., I think right now, "inventing around" is not allowed, because it violates a current patent (however narrow and departed from the original ideal), however, E specifically says that ".....invention without violating the patent" which means they are not supposed to be banned.

please can anyone help elaborate on why C is wrong?

thanks

Albert

[Adam Tyson]

Answer C tells us nothing about what "invent around" means, Albert, and that is what the question asked us to do. We have to select an answer that captures the meaning of "invent around."

In the passage, the author says:

In an ideal world, patents would be narrow enough that companies could “invent around” others’ patents if licensing agreements cannot be reached.

So regardless of what is currently possible, the author is talking about an ideal situation. "Invent around" means come up with another way to achieve the same result, using a method that isn't the patented method. It's about finding a different solution to the same problem.

Answer C isn't about a different solution, but about a different use of the patented product. That's like someone figuring out that you can use a patented heating element that was meant to be used in a toaster oven to instead build a space heater. "Inventing around" that patent would mean coming up with a different way to make the heating element.

[Albertlyu]

Answer C tells us nothing about what "invent around" means, Albert, and that is what the question asked us to do. We have to select an answer that captures the meaning of "invent around."

In the passage, the author says:

In an ideal world, patents would be narrow enough that companies could “invent around” others’ patents if licensing agreements cannot be reached.

So regardless of what is currently possible, the author is talking about an ideal situation. "Invent around" means come up with another way to achieve the same result, using a method that isn't the patented method. It's about finding a different solution to the same problem.

Answer C isn't about a different solution, but about a different use of the patented product. That's like someone figuring out that you can use a patented heating element that was meant to be used in a toaster oven to instead build a space heater. "Inventing around" that patent would mean coming up with a different way to make the heating element.

Thanks, Adam for your help, I will find time to reread this passage and review the questions and your explanation later.

Very much appreciate your efforts.

Albert