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  3. Text 2 Over the past decade,thousands of

Text 2 Over the past decade,thousands of

练习题库2022-08-02  35
问题 Text 2 Over the past decade,thousands of patents have been granted for what are called business methods.Amazon.com received one for its"one-click"online payment system.Merrill Lynch got legal protection for an asset allocation strategy.One inventor patented a technique for lifting a box.Now the nation's top patent court appears completely ready to scale back on business-method patents,which have been controversial ever since they were first authorized 10 years ago.In a move that has intellectual-property lawyers abuzz the U.S.court of Appeals for the federal circuit said it would use a particular case to conduct a broad review of business-method patents.In re Bilski,as the case is known,is"a very big deal",says DennisD.Crouch of the University of Missouri School of law.It"has the potential to eliminate an entire class of patents."Curbs on business-method claims would be a dramatic about-face,because it was the federal circuit itself that introduced such patents with its 1998 decision in the so-called state Street Bank case,approving a patent on a way of pooling mutual-fund assets.That ruling produced an explosion in business-method patent filings,initially by emerging internet companies trying to stake out exclusive rights to specific types of online transactions.Later,more established companies raced to add such patents to their files,if only as a defensive move against rivals that might beat them to the punch.In 2005,IBM noted in a court filing that it had been issued more than 300 business-method patents despite the fact that it questioned the legal basis for granting them.Similarly,some Wall Street investment films armed themselves with patents for financial products,even as they took positions in court cases opposing the practice.The Bilski case involves a claimed patent on a method for hedging risk in the energy market.The Federal circuit issued an unusual order stating that the case would be heard by all 12 of the court's judges,rather than a typical panel of three,and that one issue it wants to evaluate is whether it should"reconsider"its state street Bank ruling.The Federal Circuit's action comes in the wake of a series of recent decisions by the supreme Court that has narrowed the scope of protections for patent holders.Last April,for example the justices signaled that too many patents were being upheld for"inventions"that are obvious.The judges on the Federal circuit are"reacting to the anti-patent trend at the Supreme Court",says HaroldC.Wegner,a patent attorney and professor at George Washington University Law School.30.Which of the following would be the subject of the text?A.A looming threat to business-method patentsB.Protection for business-method patent holdersC.A legal case regarding business-method patentsD.A prevailing trend against business-method patents
选项 A.A looming threat to business-method patents
B.Protection for business-method patent holders
C.A legal case regarding business-method patents
D.A prevailing trend against business-method patents
答案 A
解析 此题考查对全文主旨大意的准确归纳。从整个文章脉络来看，文章一段指出在过去的10年，大量的营业方法专利获得批准；二段指出目前国家最高专利法庭准备对该专利权进行限制；紧接着三至五段都围绕二段的话题展开论说，三段介绍了对营业方法专利权进行限制产生重大影响的原因，自联邦巡回法院批准商业方法以来引起了对营业方法专利申请的热潮，四段、五段继续指出各方对营业方法专利的立场转变。由此可知，A项能统领文意，为正确答案。D项的干扰性较强，解答本题也应注意作者在引述business-method patents时的感情色彩，比如在二段末句中的potential及四段末句的is whether都是与looming相近的感情色彩，而D项的prevailing与该感情色彩不符且文中始终没提对Bilski case的判决结果，故A为答案，D为干扰项。B项是就末段首句中的细节信息设置的选项，自然不能概括文意；文中用有关的legal case来烘托主题，因此，不能将此作为文章的主题。
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