30篇文章突破考研英语一(22)
30篇文章突破考研英语一(22)

①Over 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.

②Now 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 Dennis D. Crouch of the University of Missouri School of Law. It “has the potential to eliminate an entire class of patents.” 

③Curbs 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 firms armed themselves with patents for financial products, even as they took positions in court cases opposing the practice.

④The 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.

⑤The 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 Harold C. Wegner, a patent attorney and professor at George Washington University Law School. 

1.Business-method patents have recently aroused concern because of _________

A their limited value to businesses.

B their connection with asset allocation.

C the possible restriction on their granting.

D the controversy over their authorization.

解析:选B。B推理判断题。根据题目定位到第二段,可知美国最高专利法院似乎完全准备缩减商业方法专利的规模,自10年前商业方法专利首次获批以来,这些专利一直存在争议,可推知它们引起关注是美国法院准备缩减该专利的规模,即该专利的申请可能会受限,故选B。

2.Which of the following is true of the Bilski case?

A Its ruling complies with the court decisions.

B It involves a very big business transaction.

C It has been dismissed by the Federal Circuit.

D It may change the legal practices in the U.S.

解析:选D。D推理判断题。根据Bilski定位到第二段最后两句,可知该案件可能会消除整个(商业方法)专利类别,即可能改变美国的法律实践,故选D。

3.The word “about-face” (Para. 3) most probably means _________

A loss of goodwill.

B increase of hostility.

C change of attitude.

D enhancement of dignity.

解析:选C。C词义猜测题。根据about-face定位到该句,该句句意为:对商业方法专利申请的限制将是一个戏剧性的about-face,因为正是联邦巡回法院本身在1998年对所谓的道富银行案的裁决中引入了这类专利,批准了一项汇集共同基金资产方法的专利……可知C“态度的转变”更符合题意,故选C。

4.We learn from the last two paragraphs that business-method patents _________

A are immune to legal challenges.

B are often unnecessarily issued.

C lower the esteem for patent holders.

D increase the incidence of risks.

解析:选B。B推理判断题。根据题目定位到最后两段,可知大法官们表示有太多平淡无奇的“发明”获得了专利,即其实很多专利申请没有必要,故选B。

5.Which of the following would be the subject of the text?

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.

解析:选A。A主旨大意题。文章以美国最高法院欲减少商业方法的专利申请为引,围绕商业方法专利申请受限制展开,可知A更符合原文,故选A。