PrepTest 69, Section 4, Question 16

Passage A is from a 2007 article on the United States patent system; passage B is from a corporate statement.

Passage A

Theoretically, the patent office is only supposed to award patents for "nonobvious" inventions, and the concept of translating between an Internet address and a telephone number certainly seems obvious. Still, a court recently held that a technology company had infringed on patents covering computer servers that perform these translations.

In an ideal world, patents would be narrow enough that companies could "invent around" others' patents if licensing agreements cannot be reached. Unfortunately, the patent system has departed from this ideal. In recent decades, the courts have dramatically lowered the bar for obviousness. As a result, some patents being granted are so broad that inventing around them is practically impossible.

Large technology companies have responded to this proliferation of bad patents with the patent equivalent of nuclear stockpiling. By obtaining hundreds or even thousands of patents, a company can develop a credible deterrent against patent lawsuits: if someone sues it for patent infringement, it can find a patent the other company has infringed and countersue. Often, however, a fundamental mistake is made: not joining this arms race. As a result, a company can find itself defenseless against lawsuits.

Software patents are particularly ripe for abuse because software is assembled from modular components. If the patent system allows those components to be patented, it becomes almost impossible to develop a software product without infringing numerous patents. Moreover, because of the complexity of software, it is often prohibitively expensive to even find all the patents a given software product might in principle be infringing. So even a software maker that wanted to find and license all of the patents relevant to its products is unlikely to be able to do so.

Passage A is from a 2007 article on the United States patent system; passage B is from a corporate statement.

Passage A

Theoretically, the patent office is only supposed to award patents for "nonobvious" inventions, and the concept of translating between an Internet address and a telephone number certainly seems obvious. Still, a court recently held that a technology company had infringed on patents covering computer servers that perform these translations.

In an ideal world, patents would be narrow enough that companies could "invent around" others' patents if licensing agreements cannot be reached. Unfortunately, the patent system has departed from this ideal. In recent decades, the courts have dramatically lowered the bar for obviousness. As a result, some patents being granted are so broad that inventing around them is practically impossible.

Large technology companies have responded to this proliferation of bad patents with the patent equivalent of nuclear stockpiling. By obtaining hundreds or even thousands of patents, a company can develop a credible deterrent against patent lawsuits: if someone sues it for patent infringement, it can find a patent the other company has infringed and countersue. Often, however, a fundamental mistake is made: not joining this arms race. As a result, a company can find itself defenseless against lawsuits.

Software patents are particularly ripe for abuse because software is assembled from modular components. If the patent system allows those components to be patented, it becomes almost impossible to develop a software product without infringing numerous patents. Moreover, because of the complexity of software, it is often prohibitively expensive to even find all the patents a given software product might in principle be infringing. So even a software maker that wanted to find and license all of the patents relevant to its products is unlikely to be able to do so.