参考答案和解析
正确答案:
解析:
录音中指出美国于1998年提出所谓的“商业方法”专利,而事实证明“This was a mistake”,此举不仅招致专利申请的高潮,而且很可能限制(inhibiting)而不是鼓励商业创新的发展,因此题干有误。
【录音原文】
In 1998 America introduced so-called “business-method” patents, granting for the first time patent monopolies simply for new ways of doing business, many of which were not so new. This was a mistake. It not only ushered in a wave of new applications, but it is probably inhibiting, rather than encouraging, commercial innovation, which had never received, or needed, legal protection in the past.
更多“判断题In 1998 America introduced so-called “business-method” patents, which have greatly encouraged commercial innovation.A 对B 错”相关问题
  • 第1题:

    Our president made a(n) ____ speech at the opening ceremony of the sports meeting which encouraged the sportsmen greatly.

    A indifferent B inspiring C flat D dry


    正确答案:B

  • 第2题:

    Many modern critics of American literature have called Mark Twain, born Samuel Clemens, ______.

    A. as America's greatest writer

    B. was America's greatest writer

    C. America's greatest writer

    D. to have been America's greatest writer


    正确答案:C
    Call sb sth称某人为??。选项 C是正确的。

  • 第3题:

    The enormous importance people attached to these issues seems eventually to have encouraged the parties to address them in a more practical way.()

    此题为判断题(对,错)。


    正确答案:正确

  • 第4题:

    Licensed Patents, as used herein, ()all patents and patent applications.

    A、shall mean

    B、means

    C、should mean

    D、shall have meant


    参考答案:A

  • 第5题:

    Deductive thought pattern is a pattern in which a topic is introduced at the beginning and minor or supporting arguments are presented afterwards.()

    此题为判断题(对,错)。


    正确答案:True
    解析:本句参考译文:演绎思维方式是指在开始先介绍主题,稍后陈述次要或支撑论据。【知识点来源:Unit 6】陈述正确。

  • 第6题:

    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 Bil-ski, as the case is known, is "a very big deal," says Dennis D.Crouch of the University of Mis-souri 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 ease 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 Harold C. Wegner, a patent attorney and professor at George Washington University Law School.
    The word "about-face" (Paragraph 3) most probably means

    A.loss of good will
    B.increase of hostility
    C.change of attitude
    D.enhancement of dignity

    答案:C
    解析:
    词义题。根据题干定位到第三段。第一句提到:对商业方法专利权的限制(curbs on business-method claims)将会是一个a dramatic about-face,因为正是联邦巡回法院在1998年被称为“州街银行案”的决议中引入了这类专利,由此可见现在的做法与以前的做法是背道而驰的,即联邦巡回法院的态度发生了大的转变,因此选择C项。A项“良好愿望的消失”,B项“敌意的增加”,D项“尊严的提升”都与原文毫无关系。

  • 第7题:

    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 Bil-ski, as the case is known, is "a very big deal," says Dennis D.Crouch of the University of Mis-souri 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 ease 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 Harold C. Wegner, a patent attorney and professor at George Washington University Law School.
    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.

    答案:D
    解析:
    细节题。根据关键词Bilski case并结合出题顺序定位至第二段。第二段最后提到“It has the potential to eliminate an entire class of patents”,D项是对此句的同义改写,may对应“has the potential”,change对应“eliminate”。因此,D项“它可能会改变美国已有的法律惯例”为正确答案。A项“对它的裁决符合法庭决议”.C项“它已经被联邦巡回法庭驳回”反向干扰,文中已暗示比尔斯基寨的判决可能成为商业方法专利案件的转折点,因此它不会被驳回,而且它的判决与以往案例不同。B项“它涉及一项非常大的商业交易”,第二段倒数第三句提到“Bilski case”是“a very big deal”,意思是“非常重要的事”,而非“大的交易”,因此B项错误。

  • 第8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.29.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

    答案:B
    解析:
    本题考查对后两段中关于business-method patents相关信息的理解。在末段二句的例证中指出“法官们传递出太多的专利被授予了那些明显的发明”,可见B项是对此句的同义置换,为正确答案。A项是就四段二句设置的干扰选项,属篡改文意;C项是对末段首句设置的干扰项,用esteem偷换了原文中的protection;D项是就四段首句中的risk编撰的无中生有选项。

  • 第9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 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。

  • 第10题:

    Text 3 In 2010,a federal judge shook America's biotech industry to its core.Companies had won patents for isolated DNA for decades—by 2005 some 20%of human genes were patented.But in March 2012 a judge ruled that genes were unpatentable.Executives were violently agitated.The Biotechnology Industry Organization(BIO),a trade group,assured members that this was just a“preliminary step”in a longer battle.On July 29th they were relieved,at least temporarily.A federal appeals court overturned the prior decision,ruling that Myriad Genetics could indeed hold patents to two genes that help forecast a woman's risk of breast cancer.The chief executive of Myriad,a company in Utah,said the ruling was a blessing to firms and patients alike.But as companies continue their attempts at personalized medicine,the courts will remain rather busy.The Myriad case itself is probably not over.Critics make three main arguments against gene patents:a gene is a product of nature,so it may not be patented;gene patents suppress innovation rather than reward it;and patents’monopolies restrict access to genetic tests such as Myriad's.A growing number seem to agree.Last year a federal taskforce urged reform for patents related to genetic tests.In October the Department of Justice filed a brief in the Myriad case,arguing that an isolated DNA molecule“is no less a product of nature…than are cotton fibres that have been separated from cotton seeds.”Despite the appeals court's decision,big questions remain unanswered.For example,it is unclear whether the sequencing of a whole genome violates the patents of individual genes within it.The case may yet reach the Supreme Court.As the industry advances,however,other suits may have an even greater impact.Companies are unlikely to file many more patents for human DNA molecules—most are unlikely patented or in the public domain.Firms are now studying how genes interact,looking for correlations that might be used to determine the causes of disease or predict a drug's efficacy.Companies are eager to win patents for“connecting the dots,”explains Hans Sauer,a lawyers for the BIO.Their success may be determined by a suit related to this issue,brought by the Mayo Clinic,which the Supreme Court will hear in its next term.The BIO recently held a convention which included sessions to coach lawyers on the shifting landscape for patents.Each meeting was packed.
    Those who are against gene patents believe that_____

    A.genetic tests are not reliable
    B.only manmade products are patentable
    C.patents on genes depend much on innovation
    D.courts should restrict access to genetic tests

    答案:B
    解析:
    细节题【命题思路】这是一道局部细节题,需要根据题干关键信息对文章相应内容进行准确定位从而识别反对基因专利的人所持立场。【直击答案】根据题干信息“against gene patents”定位到第三段第三句,题干中反对基因专利的人即为原文信息“Critics”批评者,他们反对基因专利有三条理由。根据第一条理由,自然的产物即基因不能被授予专利,相反,人造的产物就可以被授予专利,故B项为正确选项。【干扰排除】A项属于无中生有,根据第三条理由限制基因测试的原因是专利垄断,而并非是选项说的基因测试不可靠。C项属于偷换概念,根据第二条理由,基因专利抑制了创新,而非取决于创新。D项也属于偷换概念,根据第三条理由,是专利垄断而非法院限制使用基因测试。

  • 第11题:

    单选题
    Which of the italicized parts functions as a complement(补语)?
    A

    We were greatly encouraged by the news of China’s having launched another man-made satellite.

    B

    His wish is everyone’s having a good time.

    C

    I saw an old man getting on the bus.

    D

    The smiling boy needs a pen bought by his mother


    正确答案: C
    解析:
    考查动名词短语在句中所作的句子成分。A选项中的斜体部分在句中做the news的同位语;B选项中的斜体部分在句中做表语;C选项中的斜体部分在句中做宾语补足语;D选项中的斜体部分在句中做定语;故选C。

  • 第12题:

    判断题
    Promissory notes are commercial documents.
    A

    B


    正确答案:
    解析: 暂无解析

  • 第13题:

    Structured programming practices(71)rise to Pascal,in which constructs were introduced to make programs more readable and better(72). C provided a combination of assembly language and high-level Structure to create a general-purpose language that could be used from system to(73)programming. Next came object orientation,which is(74)of a methodology and design philosophy than a language issue.This is(75)by the addition of so-called OO extensions to current languages,such as C.

    A.giving

    B.given

    C.gave

    D.gives


    正确答案:C

  • 第14题:

    although the united states has produced most commercial films in the 20th century, movies did not originate in america. ()


    参考答案:正确

  • 第15题:

    Child-rearing in America. /Child raising in America.()

    此题为判断题(对,错)。


    正确答案:正确

  • 第16题:

    The teacher encouraged everybody to speak more English in class.()

    此题为判断题(对,错)。


    参考答案:正确

  • 第17题:

    _____ by the advances in technology, many farmers have set up wind farms on their land.

    A. Being encouraged B. Encouraging

    C. Encouraged D. Having encouraged


    正确答案:C

  • 第18题:

    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 Bil-ski, as the case is known, is "a very big deal," says Dennis D.Crouch of the University of Mis-souri 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 ease 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 Harold C. Wegner, a patent attorney and professor at George Washington University Law School.
    Business-method patents have recendy 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

    答案:C
    解析:
    推断题。题干问为什么商业专利在近来引起了关注,根据出题顺序,本题的答题区间在前两段。第一段主要讲在过去十年间,成千上万的商业方法被授予了专利。第二段第一句指出国家最高专利法庭准备缩减商业专利(scale back on business.method patents)。由此可见,C项“它们的授予可能受到限制”是对原文的同义置换,故为正确答案,restriction on即相当于scale back on。A项“它们对企业的价值有限”,原文并未提到。B项“它们与资产配置相关”,利用第一段中出现的“asset allocation”形成干扰项,属于过度推断。D项“它们的获批引起争议”较有迷惑性,但原文说的是十年来一直争议不断,而题干问的是最近(recently),因此属于偷换概念。

  • 第19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.27.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.

    答案:D
    解析:
    依据题干中的关键词Bilski case解答本题应定位到二段末句并结合四段的相关信息。二段末句讲到了Bilski case产生的影响“它有可能取消整个系列的专利”,而依据二段首句可知专利的授予是法庭的行为,由此可以推知,这会带来美国立法惯例的改变,再者四段二句指出了就Bilski case在法庭上听证形式的改变,再次验证了D项符合文意,为正确答案。A项在文中没有提及,B项是就二段倒数二句出现的big deal设置的干扰选项,但文中的意思是Bilski case是一个大案件,而没有说和transaction相关的信息;C项是就二段二句中的信息设置的干扰选项,此处只说对business-method patents进行broad review,并不能说其被驳回,因此C项属推理过度。

  • 第20题:

    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 Bil-ski, as the case is known, is "a very big deal," says Dennis D.Crouch of the University of Mis-souri 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 ease 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 Harold C. Wegner, a patent attorney and professor at George Washington University Law School.
    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.

    答案:A
    解析:
    主旨题。本文第一段讲过去十年中无数的商业方法被授予专利。第二段指出现在最高专利法庭准备减少这类专利的授予。第三段回顾过去表明这是法庭态度的重大转变。第五段又回到现在点明法庭的反专利倾向.因此全文主题应是“法庭准备限制商业方法专利”。A项“商业方法专利的潜在威胁”正确。B项“对商业方法专利持有人的保护”与主题无关。C项“有关商业方法专利的一个法律案例”仅是文中举的一个例子,并不能概括主题。D项“反对商业方法专利的流行趋势”较有迷惑性,但是prevailing这个词使得此项不能选,因为商业方法专利仅仅是“受到威胁”,还没有变成“普遍的、盛行的”。

  • 第21题:

    Text 3 In 2010,a federal judge shook America's biotech industry to its core.Companies had won patents for isolated DNA for decades—by 2005 some 20%of human genes were patented.But in March 2012 a judge ruled that genes were unpatentable.Executives were violently agitated.The Biotechnology Industry Organization(BIO),a trade group,assured members that this was just a“preliminary step”in a longer battle.On July 29th they were relieved,at least temporarily.A federal appeals court overturned the prior decision,ruling that Myriad Genetics could indeed hold patents to two genes that help forecast a woman's risk of breast cancer.The chief executive of Myriad,a company in Utah,said the ruling was a blessing to firms and patients alike.But as companies continue their attempts at personalized medicine,the courts will remain rather busy.The Myriad case itself is probably not over.Critics make three main arguments against gene patents:a gene is a product of nature,so it may not be patented;gene patents suppress innovation rather than reward it;and patents’monopolies restrict access to genetic tests such as Myriad's.A growing number seem to agree.Last year a federal taskforce urged reform for patents related to genetic tests.In October the Department of Justice filed a brief in the Myriad case,arguing that an isolated DNA molecule“is no less a product of nature…than are cotton fibres that have been separated from cotton seeds.”Despite the appeals court's decision,big questions remain unanswered.For example,it is unclear whether the sequencing of a whole genome violates the patents of individual genes within it.The case may yet reach the Supreme Court.As the industry advances,however,other suits may have an even greater impact.Companies are unlikely to file many more patents for human DNA molecules—most are unlikely patented or in the public domain.Firms are now studying how genes interact,looking for correlations that might be used to determine the causes of disease or predict a drug's efficacy.Companies are eager to win patents for“connecting the dots,”explains Hans Sauer,a lawyers for the BIO.Their success may be determined by a suit related to this issue,brought by the Mayo Clinic,which the Supreme Court will hear in its next term.The BIO recently held a convention which included sessions to coach lawyers on the shifting landscape for patents.Each meeting was packed.
    By saying“Each meeting was packed”(Line 4,Para.6),the author means that_____

    A.the supreme court was authoritative
    B.the BIO was a powerful organization
    C.gene patenting was a great concern
    D.lawyers were keen to attend conventions

    答案:C
    解析:
    含义题【命题思路】这是一道句意理解题,需要根据句子的上下文找到解题的线索,从而得出答案。【直击答案】文章最后一段提到:BIO最近要召开的一个会议,该会议包括指导律师们处理目前的专利问题。紧接着谈到“Each meeting was packed”,这句话中的“packed”的原义为“打包,包装”,而在此句中的意思是“挤满,塞满”,即会议挤满了人。从而反映了大家对基因专利的关注。再从全文的角度来看,本文都是围绕基因专利的问题展开,故正确答案为C项。【干扰排除】A项属于无中生有,末段第一句提到了高级法院将会在下一轮听证这个案件,并未提及高级法院很有权威。B项属于主观臆断,原文提及该组织将会举行会议指导律师处理专利问题,并没有对该组织进行任何评论。D项以偏概全,训练律师只是这次大会的一部分内容,并没有谈及律师是否热衷于参加会议。

  • 第22题:

    Text 3 In 2010,a federal judge shook America's biotech industry to its core.Companies had won patents for isolated DNA for decades—by 2005 some 20%of human genes were patented.But in March 2012 a judge ruled that genes were unpatentable.Executives were violently agitated.The Biotechnology Industry Organization(BIO),a trade group,assured members that this was just a“preliminary step”in a longer battle.On July 29th they were relieved,at least temporarily.A federal appeals court overturned the prior decision,ruling that Myriad Genetics could indeed hold patents to two genes that help forecast a woman's risk of breast cancer.The chief executive of Myriad,a company in Utah,said the ruling was a blessing to firms and patients alike.But as companies continue their attempts at personalized medicine,the courts will remain rather busy.The Myriad case itself is probably not over.Critics make three main arguments against gene patents:a gene is a product of nature,so it may not be patented;gene patents suppress innovation rather than reward it;and patents’monopolies restrict access to genetic tests such as Myriad's.A growing number seem to agree.Last year a federal taskforce urged reform for patents related to genetic tests.In October the Department of Justice filed a brief in the Myriad case,arguing that an isolated DNA molecule“is no less a product of nature…than are cotton fibres that have been separated from cotton seeds.”Despite the appeals court's decision,big questions remain unanswered.For example,it is unclear whether the sequencing of a whole genome violates the patents of individual genes within it.The case may yet reach the Supreme Court.As the industry advances,however,other suits may have an even greater impact.Companies are unlikely to file many more patents for human DNA molecules—most are unlikely patented or in the public domain.Firms are now studying how genes interact,looking for correlations that might be used to determine the causes of disease or predict a drug's efficacy.Companies are eager to win patents for“connecting the dots,”explains Hans Sauer,a lawyers for the BIO.Their success may be determined by a suit related to this issue,brought by the Mayo Clinic,which the Supreme Court will hear in its next term.The BIO recently held a convention which included sessions to coach lawyers on the shifting landscape for patents.Each meeting was packed.
    According to Hans Sauer,companies are eager to win patents for____

    A.establishing disease correlations
    B.discovering gene interactions
    C.drawing pictures of genes
    D.identifying human DNA

    答案:B
    解析:
    细节题【命题思路】这是一道局部细节题,需要根据题干关键词对文章相应内容进行准确定位从而得出答案。【直击答案】根据题干的关键信息“Hans Sauer”定位到第五段末句,提到公司渴望获得专利的目的是“connecting the dots”。汉斯所说的这句话是对前一句话的总结归纳,即:公司现在正在研究基因是如何相互作用,由此寻找基因之间的相互关系,这些关系可能用于判断疾病的原因或预测药物的疗效,这就与汉斯提到的“connecting the dots”意思相呼应,故B项为正确选项。【干扰排除】A项干扰性最强,文中提到的correlations并不是指“疾病”之间的关系。C项属于无中生有,原文提及公司获得专利是为了建立疾病的联系从而治疗疾病,但是并没有信息表明公司绘画基因图。D项信息“DNA”在原文有所提及,但是原文谈到的是公司不可能申请更多的人类DNA分子的专利,并非选项中所说的识别人类DNA。

  • 第23题:

    判断题
    About 85,000 patents are granted to foreign applicants each year in America.
    A

    B


    正确答案:
    解析:
    录音中提到美国是世界上主要的专利局,每年批准170,000项专利,而有一半是授予给外国专利申请者的,也就是85,000项专利。
    【录音原文】
    In America, many experts believe that dubious patents abound, such as the notorious one for a “sealed crustless sandwich”. Of the few patents that are reexamined by the Patent and Trademark Office itself, often after complaints from others, most are invalidated or their claims clipped down. The number of duplicate claims among patents is far too high. What happens in America matters globally, since it is the world’s leading patent office, approving about 170,000 patents each year, half of which are granted to foreign applicants.