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  3. Over the past decade, thousands of patents have been granted for what are called business methods. Amazon, com received one for

Over the past decade, thousands of patents have been granted for what are called business methods. Amazon, com received one for

admin2016-01-10  59
问题     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 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 is 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.
Which of the following would be the subject of the text?
选项 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 主旨大意题。首先排除选项B和选项C，与文章主题不符。判断选项A和选项D有一定难度。第一段讲过去business method很容易被授予专利。其中第一段的最后一句话已经暗含着对这种做法的反对。第二段转折：将会用一个案例来全面审查商业方法专利。第三段：对business method的约束(curbs)是法院态度的巨大转变。最后一段明确提出reacting to the anti—patent trend at the supreme court。要注意的是原文始终没有说Bilski case的判决，因此只是一个looming(隐约地出现)的danger，而不是已经盛行的趋势。因此，正确选项为A“商业方法专利迫在眉睫的威胁”。
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