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(See the complete passage discussion here: lsat/viewtopic.php?t=14639)
The correct answer choice is (E)
The four incorrect answer choices for this question will all be supported by information from the
passage; the correct answer choice will either be unmentioned by the author or will contradict
Answer choice (A): This answer choice can be confirmed by the first two paragraphs. The passage
identifies supramaximalist institutions as having the broadest ownership claims on faculty inventions.
The broader these claims are, the less flexibility faculty has in pursuing commercialized interests and the
more tempted they will be to pursue jobs in institutions which are more responsive to their needs.
Answer choice (B): To confirm this answer choice, readers should immediately return to the fourth
paragraph. Beginning in line 60, the passage states “faculty-oriented institutions assume that researchers
own their own intellectual products…except in the development of public health inventions or if there
is previously specified ‘substantial university involvement’” (lines 60-65). Thus, faculty-oriented
institutions will not claim any product which does not satisfy at least one of these requirements.
Answer choice (C): The second paragraph states that maximalist institutions claim ownership of
inventions that “arise either ‘in the course of the faculty’s employment [or] from the faculty’s use of
university resources’” (lines 35-37). All other inventions belong to the faculty. However, the passage
further notes that “this [maximalist] approach…can affect virtually all of a faculty member’s intellectual
production” (lines 37-40). If this is true, then most faculty inventions at maximalist institutions must be
produced inside the institution or using the institution’s resources.
Answer choice (D): After confirming answer choice (C), it is quite easy to show that there is little
practical difference between maximalist and supramaximalist policies. Supramaximalist policies assert
ownership “of all intellectual property produced by faculty” (line 29) and “for any inventions or patent
rights from faculty activities” (lines 31-32). Maximalist policy “can affect virtually all of a faculty
member’s intellectual production” (line 40). In practice, then, both policies have nearly the same effect
on intellectual property ownership.
Answer choice (E): This is the correct answer choice. Rather than using any objective standard for
determining property ownership, resource-provider institutions rely strictly on the subjective definition
of “significant use” of university resources to assert claims on faculty discoveries. Since “what
constitutes significant use of resources is a matter of institutional judgment” (lines 44-45), the passage
does not suggest that this standard will be constant in all cases.