Question

Difficulty: MediumViewpoint Attribution

The traditional justification for patent law is the "incentive-to-invent" theory, which posits that inventors require the guarantee of temporary monopoly protection in order to recoup high research and development costs. However, legal scholar Naomi Zarin challenges this historical consensus. She argues that in fast-paced technological industries, patent law actually stifles innovation by creating "patent thickets"—dense webs of overlapping intellectual property rights that companies must navigate to commercialize new technology.

Economist Marcus Choi counters Zarin's critique by drawing a distinction between different phases of innovation. Choi contends that while Zarin correctly identifies patent thickets as a barrier to subsequent iterative development, she overstates their negative impact on initial invention. According to Choi, patent protection remains an essential mechanism for early-stage capital formation, without which initial inventions would struggle to secure funding.

Ultimately, both Zarin and Choi base their arguments on the assumption that the primary purpose of the patent system is to influence the rate of invention. This shared assumption overlooks the most crucial function of patents in the modern era. The primary utility of the patent system is not incentivizing invention, but rather facilitating the structured public disclosure of technical information that corporations would otherwise hoard as closely guarded trade secrets.

According to the passage, which one of the following claims is explicitly attributed to economist Marcus Choi?

  1. A
    The most crucial function of the patent system in the modern era is the structured public disclosure of technical information.
  2. Patent thickets act as an impediment to subsequent iterative technological development.Answer
  3. C
    Patent thickets inevitably completely stifle the initial phases of invention in fast-paced technological industries.
  4. D
    Early-stage capital formation is significantly hindered by dense webs of overlapping intellectual property rights.
  5. E
    Innovators in fast-paced technological industries are primarily motivated by the desire to hoard closely guarded trade secrets.

Answer

The correct answer is the option stating that patent thickets act as an impediment to subsequent iterative technological development.
The correct answer accurately reflects a concession made by Marcus Choi in the second paragraph. The text states: 'Choi contends that while Zarin correctly identifies patent thickets as a barrier to subsequent iterative development...' This demonstrates that Choi explicitly agrees with the claim that patent thickets are an impediment to this specific phase of development.

Step-by-Step Solution

1
Analyze the question stem to identify the specific task.
The question asks for a claim explicitly attributed to economist Marcus Choi.
Focusing on the specific person mentioned prevents falling for misattribution traps involving other viewpoints in the text.
2
Locate Marcus Choi's views in the passage.
Choi is discussed in the second paragraph. He argues that Zarin overstates the negative impact on initial invention and asserts patents are essential for early-stage capital formation, but he also concedes that Zarin 'correctly identifies patent thickets as a barrier to subsequent iterative development.'
Directly consulting the text ensures the answer is based on explicit statements rather than memory or assumptions.
3
Evaluate the options against Choi's stated views.
The option describing patent thickets as an impediment to iterative development directly matches Choi's concession found in the second paragraph.
Verifying the correct option against the text confirms it is an explicit attribution.

Key Concept

Viewpoint Attribution
Rate this question