2019年6月大學(xué)英語四級(jí)閱讀理解訓(xùn)練：商業(yè)專利

　　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 pinhts 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 bent 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-patient trend at the supreme court”, says Harole C.wegner, a patent attorney and professor at Jorge Washington University Law School.

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

　　[A] their limited value to business

　　[B] their connection with asset allocation

　　[C] the possible restriction on their granting

　　[D] the controversy over authorization

　　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.

　　3. The word “about-face” most probably means

　　[A] loss of good will

　　[B] increase of hostility

　　[C] change of attitude

　　[D] enhancement of dignity

　　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

　　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

　　參考答案及解析

　　1、選C. 細(xì)節(jié)推理題。文章第二段首句指出，“……準(zhǔn)備對(duì)商業(yè)方法專利進(jìn)行縮減，而該類專利從其合法化的那天開始就一直充滿了爭議�！睆拇说贸�，現(xiàn)在對(duì)其進(jìn)行縮減必將引起人們的“關(guān)注”。

　　2、選B. 推理題。該題可以采用排除法。A、C、D選項(xiàng)都不符合文意。

　　3、選C. 詞匯題�！癮bout-face”在這里是承前啟后的作用，because引導(dǎo)的從句是對(duì)于該詞所述現(xiàn)象的解釋，“當(dāng)初就是聯(lián)邦組通過的此類專利……”，而第二段提到了“現(xiàn)在……要縮減商業(yè)方法專利”，因此是“態(tài)度”的巨大轉(zhuǎn)變。

　　4、選B.假推理題：同義替換。從“too many patents were being upheld ”中可以找到答案，而其他三個(gè)選項(xiàng)在最后兩段都沒有被提及。

　　5/選D. 主旨題。文章首段介紹了“過去10年”商業(yè)方法的專利授予狀況，從第二段開始轉(zhuǎn)到“現(xiàn)狀”，同時(shí)，之后的各段均表述了聯(lián)邦成員組對(duì)“商業(yè)方法專利”變化的立場。