英语阅读-2010TEXT2精读


英语阅读-2010TEXT2精读

商业方法专利受到潜在法律威胁

引出过去的现象

①引出专利现象,what are called表达作者怀疑态度

②③④例证①

Over the past decade, thousands of patents have been granted for what are called business methods. ②Amazon.com received one for its “one-click” online payment system.③ Merrill Lynch got legal protection for an asset allocation strategy. ④One inventor patented a technique for lifting a box.

今昔对比,阐述当前形势

①直述现象,scale back缩减专利数量

②具体做法,以特殊案例作为依据

③④评价做法的影响力,例子本身特别性和它能产生的影响

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. ②In 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. ③In re Bilski, as the case is known, is “a very big deal,” says Dennis D. Crouch of the University of Missouri School of Law. ④It “has the potential to eliminate an entire class of patents.”

评价现象

①评价法庭,大逆转呼应上文受到各方争议

②③评价专利增加影响

④⑤例证③

①Curbs 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. ②That 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. ③Later, 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. ④In 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. ⑤Similarly, some Wall Street investment firms armed themselves with patents for financial products, even as they took positions in court cases opposing the practice.

重回现实,呼应第二段

①介绍特殊案例内容

②针对案例法院具体做法

①The Bilski case involves a claimed patent on a method for hedging risk in the energy market. ②The 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.

分析现象背景(原因),the Federal Circuit做出这个行为的背景和原因

①点明原因,跟随the Supreme Court

②③解释说明①

①The 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. ②Last April, for example, the justices signaled that too many patents were being upheld for “inventions” that are obvious. ③The 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.

细节题26. 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.

细节题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.

词义题28. The word “about-face” (Line 1, Para. 3) most probably means __________.

[A] loss of goodwill.

[B] increase of hostility.

[C] change of attitude.

[D] enhancement of dignity.

推理题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.

主旨题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.

生词

ever since 自从

intellectual-property 知识产权

abuzz adj.议论纷纷的

took positions 摆明立场

hedging v. 避免损失;n. 防止损失的手段

in the wake of 紧紧跟随

obvious adj. 明显的;显著的;平淡无奇的

难句

  • 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.

分析:it was..that强调句、v.introduced

拆分:

(主句)主谓宾the Federal Circuit itself introduced such patents联邦巡回法院自己引入此类专利

(修饰)介词作方式状语with its 1998 decision in the so-called State Street Bank case在1998年号称“道副银行”的裁决中

  • 现在分词作伴随状语修饰decision approving a patent on a way of pooling mutual-fund assets批准了一项共同资产筹集方法的专利
  • if only as a defensive move against rivals that might beat them to the punch.

只要作为一个防范性措施防范对手,(对手)有可能先发制人


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