商業方法專利受到潛在法律威脅
引出過去的現象
①引出專利現象，what are called表達作者懷疑態度
②③④例證①
①Over 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.
今昔對比，闡述當前形勢
①直述現象，scale back縮減專利數量
②具體做法，以特殊案例作為依據
③④評價做法的影響力，例子本身特別性和它能產生的影響
①Now 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.”
評價現象
①評價法庭，大逆轉呼應上文受到各方爭議
②③評價專利增加影響
④⑤例證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.重回現實，呼應第二段
①介紹特殊案例內容
②針對案例法院具體做法
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.
分析現象背景（原因），the Federal Circuit做出這個行為的背景和原因
①點明原因，跟隨the Supreme Court
②③解釋說明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.
細節題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.
細節題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.
詞義題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.
推理題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.
主旨題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.
生詞
ever since 自從
intellectual-property 知識產權
abuzz adj.議論紛紛的
took positions 擺明立場
hedging v. 避免損失；n. 防止損失的手段
in the wake of 緊緊跟隨
obvious adj. 明顯的；顯著的；平淡無奇的
難句
- 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強調句、v.introduced
拆分：
（主句）主謂賓the Federal Circuit itself introduced such patents聯邦巡迴法院自己引入此類專利
（修飾）介詞作方式狀語with its 1998 decision in the so-called State Street Bank case在1998年號稱“道副銀行”的裁決中
- 現在分詞作伴隨狀語修飾decision approving a patent on a way of pooling mutual-fund assets批准了一項共同資產籌集方法的專利
- if only as a defensive move against rivals that might beat them to the punch.
只要作為一個防範性措施防範對手，（對手）有可能先發制人
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