June 2013 LSAT, Reading Comprehension, Q17

Crowdsourcing the June 2013 LSAT:  June 2013 LSAT Explanation Central | About this project This question seems fairly easy at first glance, because I recall that Passage A was mentioning "invent around" in the context of "nonobviousness." In my summary of the two passages, I invented my own hypothetical about a patent on "flight." I said that this would be, according to the author of Passage A, obvious/overbroad because it would pre-empt other inventors from innovating in the entire aviation field. Passage A wanted patents to be narrower, like "aircraft engine powered by Jameson Irish Whiskey," so that inventors would still be able to create inventions in flight. That's what "invent around" means. No sweat.

A. No. The problem is obvious patents that are so broad they cannot be invented around.

B. No. Concealing infringement was never mentioned in either passage.

C. No. Other uses for existing patents was not mentioned.

D. No. I find it a bit difficult to say why this is wrong, other than "that's not what the passage was talking about." Sorry I can't do better than that. Sometimes, the incorrect answers are just a bunch of fancy words that seem vaguely related to the topic, but nonetheless miss the target we're aiming for.

E. OK, there we go. Yes, "invent around" might refer to an invention that serves the same basic function but uses a different mechanism. For example, if my patent was on "aircraft engine powered by Jameson Irish Whiskey," you'd be free to create an engine that runs on Wild Turkey 101. That engine would serve the same basic function, but wouldn't violate my patent. That's exactly what the author of Passage A wants. This is our answer.

 

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--nathan

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Crowdsourcing the June 2013 LSAT:  June 2013 LSAT Explanation Central | About this project