by ohthatpatrick Mon Nov 14, 2016 3:41 pm
A
Scale
Patents should be reserved for narrow, nonobvious inventions vs. Current patent law allows for broad patents that make inventing around them nearly impossible
Author's VP/Purpose
Describe a Problem
Important Lines (usually Author's view)
Theoretically' vs. 'Still' in the 1st paragraph shows the disconnect playing out in the real world. 'In an ideal world' vs. 'Unfortunatey' spells it out even more. Lines 23-25 highlight one type of problem. Line 26 says software patents are "particularly ripe for abuse", and line 34-37 highlights another problem with the current software patent system.
Paragraph 1
Problem: patent office is now allowing obvious patents.
Paragraph 2
Problem: patent office is allowing broad patents that are nearly impossible to invent around (i.e. businesses are basically FORCED to infringe on them)
Paragraph 3
Problem: Companies are basically forced to stockpile patents as a counterthreat to being sued themselves for patent infringement. Businesses that don't enter this "arms race" are very vulnerable to lawsuits.
Paragraph 4
Problem: software is particularly problematic when it comes to broad, obvious patents (because software is composed of so many separate components, each of which might have its own patent, it's completely unrealistic to think anyone would have the money or ability to license all the applicable patents)
Takeaway/Pattern: The author describes a complex problem and sounds somewhat critical of how courts have allowed this situation to grow.
#officialexplanation
B
Scale
Software patents are good vs. bad
Author's VP
Defense of a Nuanced Position
Important Lines
The first paragraph allows the author to express her ideals. Line 38 "we've consistently taken the position", line 41 "we will continue to work to promote this posiiton". The second paragraph describes the problems posed by reality. Line 46, "at the same time, we live in the world as it is". The third paragraph explains and defends the author's compromise between ideals and reality.
Paragraph 1
The author's ideals (open source good, patents bad)
Paragraph 2
The reality (big companies hoarde patent portfolios as a litigation threat against other companies)
Paragraph 3
The compromise (author's company will try to acquire patents, even though they hate that, in order to protect themselves)
Takeaway/Pattern: This passage explored the same topic as the first. While the Passage A described the problem more from a bird's eye view, Passage B came from the viewpoint of an actual company caught up in the problem. The authors seem sympathetic to each other, since both of them dislike the current patent system but are facing the reality of dealing with it.
#officialexplanation