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 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."
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, move 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 Harold C. Wegner, a patent attorney and professor at George Washington University Law School.
单选题
Business-method patents have recently aroused concern because of ______.
【正确答案】
C
【答案解析】[解析] 本题问的是商业专利方法在最近引起关注的原因。原文第二段的第一句话Now the nation"s top patent court appears completely ready to scale back on business-method patents, which have been controversial…指出,国家最高专利法庭准备对商业方法专利进行缩减,这引起了争议。由此可见,C选项是对原文内容的同义替换。因此,本题的正确答案为C。
单选题
Which of the following is true of the Bilski case?
【正确答案】
B
【答案解析】[解析] 本题问的是有关Bilski这个案例的正确说法。由原文第二段的最后一句话In Bilski, as the case is known, is "a very big deal"…可知,Bilski案例中的交易额非常大。原文的第四段是对Bilski案例的结论性说明,该段还说到,针对Bilski case联邦机构发表了不同寻常的法令。由此可知,B选项符合原文内容。因此,本题的正确答案为B。
单选题
The word "about-face" (Line 1, Para 3) most probably means ______.
【正确答案】
C
【答案解析】[解析] 本题问的是第三段第一行的“about-face”一词的意思。根据题干定位至原文的第三段的第一句话,这句话起到承前启后作用,衔接第二段和第三段的内容。第二段主要讲的是,国家最高专利法庭准备对商业方法专利进行缩减,而第三段则提到了introduced such patents,approving a patent,表明对商业方法的控制将会有巨大的态度转变。about-face为合成词,在此意为“(立场、观点等)彻底转变”。C选项与其意思相近。因此,本题的正确答案为C。
单选题
We learn from the last two paragraphs that business-method patents ______.
【正确答案】
B
【答案解析】[解析] 本题问的是从最后两段中可得知有关商业方法专利的什么信息。根据题干定位至原文的最后两段。A、C、D三个选项的内容在最后两段中均没有提到。B选项的内容与最后一段的第二句话中的“…that too many patents were being upheld…”的内容相符,且符合本文的中心意思。因此,本题的正确答案为B。
单选题
Which of the following would be the subject of the text?