考研阅读精讲（二）（下）
2 2010 T2
1 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.
2 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.”
3 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, 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.
4 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.
5 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.
26、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
参考答案：C
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.
参考答案：D
28、The word “about-face” (Line 1, Para 3) most probably means_______.
A. loss of good will
B. increase of hostility
C. change of attitude
D. enhancement of dignity
参考答案：C
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
参考答案：B
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
参考答案：A
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.
scale back on 缩减（活动、范围、数量等）的等级
which引导非限制性定语从句，修饰business-method patents，其中包含一个ever since引导的时间状语从句。
现在，美国国家最高专利法庭似乎完全准备好缩减商业方法专利的数量，因为自从这类专利10年前首次批准授予开始，一直存在争议。
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 pooling producing mutual-fund assets.
claim 作动词时，常意为“声称，断言；要求；索赔”；
作名词时意为“主张，断言，要求；专利申请”，本句中用作
名词“专利申请”。
about-face 意为“向后转，转身”或“大改变，彻底改变”，本句中是“彻底改变”的意思。
pool 作名词时，意为“水池，池塘；共同储金；集中使用的资金、物资、服务等”；本句中用作动词表达“向共同资产提供资金”的意思。
because 引导原因状语从句，其中使用了强调句型 it was…that…，强调主语 the Federal Circuit。现在分词结构 approving 作伴随状语。
对商业方法专利申请的限制将会是一个巨大的改变，因为这些专利正是联邦巡回法院自己在1998年审理一个被称作“美国道富银行”的案件时提出的，判决中巡回法院批准了一项共同基金资产集资方法的专利。
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.
in the wake of 紧紧跟随；随着…而来
in the wake of a series of recent decisions by the supreme Court 是时间状语；
by the supreme Court 是介词短语做定语，修饰decisions。
that引导的定语从句，修饰decision。
最高法院已经缩小了专利持有者受保护的范围，联邦巡回法院的决定紧紧跟随最高法院最近做出的这一系列决定而来。
考研视频教程：您可进入👉本站首页👈
更多考研讲义：您可进入👉考研资料栏目👈