2010 英语一 Text 2｜商业方法专利：法院准备”大转弯”
主旨
过去十年，美国批准了数千项”商业方法”专利（从一键支付到抬箱子的方法）→ 如今美国最高专利法院似乎准备收紧这类自诞生起就有争议的专利，将借 Bilski 案全面审查，可能废除一整类专利 → 这将是戏剧性的大转弯：正是该法院 1998 年的判决开启了这类专利，引发申请热潮：新兴网络公司抢占网上交易专有权，老牌公司为防御也竞相申请，连一边质疑、一边申请的公司都有 → Bilski 案由全部 12 名法官审理，并考虑是否重审当年判决 → 这是在最高法院一系列收窄专利保护的判决之后作出的，联邦巡回法院在回应最高法院的反专利趋势。
原文：2010 Text 2 · 话题：法律 / 知识产权 · 答案：26 C｜27 D｜28 C｜29 B｜30 A
一、核心词
| 词 | 本文义 | 原文搭配 | 拆解 / 记忆 |
|---|---|---|---|
| patent n. / v. | 专利；取得专利 | thousands of patents have been granted | |
| grant v. | 授予 | thousands of patents have been granted | |
| allocation n. | 分配，配置 | an asset allocation strategy | al- + loc 地方 → 放到各处 |
| inventor n. | 发明者 | One inventor patented a technique for lifting a box | invent |
| controversial adj. | 有争议的 | which have been controversial ever since they were first authorized 10 years ago | |
| authorize v. | 批准 | which have been controversial ever since they were first authorized 10 years ago | author → authority |
| abuzz adj. | 议论纷纷的 | In a move that has intellectual-property lawyers abuzz | a- + buzz 嗡嗡声 |
| eliminate v. | 消除，废除 | has the potential to eliminate an entire class of patents | e- + limin 门槛 |
| curb n. | 限制 | Curbs on business-method claims | |
| about-face n. | 大转弯，彻底改变 | a dramatic about-face | 军令”向后转” |
| explosion n. | 激增 | an explosion in business-method patent filings | explode 爆炸 |
| filing n. | 申请 | an explosion in business-method patent filings | file 提交 |
| initially adv. | 最初 | initially by emerging Internet companies | initial |
| exclusive adj. | 专有的 | stake out exclusive rights to specific types of online transactions | exclude |
| transaction n. | 交易 | stake out exclusive rights to specific types of online transactions | trans- + act |
| established adj. | 老牌的，成熟的 | more established companies raced to add such patents to their files | establish 建立 |
| defensive adj. | 防御性的 | if only as a defensive move against rivals | defend |
| rival n. | 竞争对手 | if only as a defensive move against rivals | |
| hedge v. | 对冲（风险） | a method for hedging risk in the energy market | 原义”树篱”→ 护住 |
| evaluate v. | 评估 | one issue it wants to evaluate | |
| reconsider v. | 重新考虑 | whether it should “reconsider” its State Street Bank ruling | re- + consider |
| narrow v. | 缩小 | have narrowed the scope of protections for patent holders | |
| uphold v. | 维持（判决） | too many patents were being upheld | up + hold → 托住不倒 |
| attorney n. | 律师 | a patent attorney |
二、搭配与写作迁移
| 原文表达 | 含义 | 写作迁移 |
|---|---|---|
| grant patents for | 为……授予专利 | |
| get legal protection for | 为……获得法律保护 | get legal protection for original work |
| scale back on | 缩减 | scale back on spending |
| ever since | 自从 | |
| have sb abuzz | 让某人议论纷纷 | |
| conduct a broad review of | 对……进行全面审查 | conduct a thorough review of the policy |
| a very big deal | 一件大事 | |
| have the potential to do | 有可能做 | Technology has the potential to change education. |
| a dramatic about-face | 戏剧性的大转弯 | make an about-face on the issue |
| produce an explosion in | 引发……的激增 | |
| stake out exclusive rights to | 抢占……的专有权 | |
| race to do | 竞相做 | Companies are racing to develop AI. |
| if only as | 哪怕只是作为 | |
| beat sb to the punch | 抢先一步 | 阅读表达 |
| despite the fact that | 尽管 | |
| arm oneself with | 用……武装自己 | arm yourself with knowledge |
| take positions | 表明立场 | |
| come in the wake of | 紧随……之后而来 | in the wake of the crisis |
| narrow the scope of | 缩小……的范围 | |
| react to the trend | 回应趋势 |
三、熟词僻义
- move n. 举措（≠移动）：In a move that has intellectual-property lawyers abuzz
- pool v. 汇集（≠水池）：approving a patent on a way of pooling mutual-fund assets
- stake v. 圈定（stake out，≠利害）：stake out exclusive rights to specific types of online transactions
- file n. 档案，专利库（≠文件夹）：more established companies raced to add such patents to their files
- punch n. 一拳（beat sb to the punch 抢先一步，≠打孔）：beat them to the punch
- arm v. 武装（≠手臂）：some Wall Street investment firms armed themselves with patents
- position n. 立场（≠位置）：even as they took positions in court cases opposing the practice
- panel n. 合议庭（≠面板）：rather than a typical panel of three
- wake n. 尾流（in the wake of 紧随，≠醒来）：comes in the wake of a series of recent decisions
四、题目与选项词
| 词 / 搭配 | 义 | 出处 | 拆解 / 记忆 |
|---|---|---|---|
| restriction n. | 限制 | Q26 [C] | |
| authorization n. | 批准，授权 | Q26 [D] | authorize |
| comply with | 遵守，与……一致 | Q27 [A] | |
| dismiss v. | 驳回（案件） | Q27 [C] | 熟词僻义：≠解雇 |
| goodwill n. | 善意，商誉 | Q28 [A] | |
| hostility n. | 敌意 | Q28 [B] | |
| dignity n. | 尊严 | Q28 [D] | dign 值得 |
| be immune to | 免受 | Q29 [A] | |
| esteem n. | 尊重 | Q29 [C] | |
| incidence n. | 发生率 | Q29 [D] | incident |
| looming adj. | 逼近的 | Q30 [A] | loom 隐约出现 |
| prevailing adj. | 盛行的 | Q30 [D] | prevail |
五、同义替换：原文 → 正确项
| 题 | 原文 | 正确项 |
|---|---|---|
| 26 C | scale back on business-method patents | the possible restriction on their granting |
| 27 D | has the potential to eliminate an entire class of patents | It may change the legal practices in the U.S. |
| 28 C | Curbs on business-method claims / a dramatic about-face | change of attitude |
| 29 B | too many patents were being upheld for “inventions” that are obvious | are often unnecessarily issued |
| 30 A | scale back on business-method patents / has the potential to eliminate an entire class of patents | A looming threat to business-method patents |
六、长难句
① because 从句中的强调句 + 分词状语（Q28 出处）
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 of pooling mutual-fund assets.
- 主干：Curbs on business-method claims would be a dramatic about-face
- because 从句：it was … that … 强调句，强调 the Federal Circuit itself
- approving a patent on …：分词短语作状语，补充说明那项判决的内容
- 译：限制商业方法专利将是一次戏剧性的大转弯，因为正是联邦巡回上诉法院自己，在 1998 年所谓的”道富银行案”判决中批准了一项汇集共同基金资产的方法专利，从而开启了这类专利。
② if only as + that 定语从句（专利热潮）
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.
- 主干：more established companies raced to add such patents to their files
- if only as …：哪怕只是作为……
- that might beat them to the punch：定语从句修饰 rivals，beat sb to the punch 抢先一步
- 译：后来，更多老牌公司也竞相申请这类专利，哪怕只是为了防备可能抢先一步的竞争对手。
③ stating 引导两个并列宾语从句（Q27 背景）
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.
- 主干：The Federal Circuit issued an unusual order
- stating that … and that …：现在分词短语修饰 order，带两个并列宾语从句
- one issue (that) it wants to evaluate：省略关系词的定语从句；is whether … 表语从句
- 译：联邦巡回上诉法院发布了一项不同寻常的命令：此案将由该院全部 12 名法官审理，而不是通常的三人合议庭；法院想评估的一个问题是，是否应当”重新考虑”道富银行案的判决。
七、句型
- Over the past decade, thousands of A have been granted for …（数据开篇） 原句：Over the past decade, thousands of patents have been granted for what are called business methods. 套用：Over the past decade, thousands of apps have been developed for what are called smart homes.
- In a move that has A abuzz, B said it would …（引出热议举措） 原句：In a move that has intellectual-property lawyers abuzz 套用：In a move that has parents abuzz, the school said it would cancel exams.
- That ruling produced an explosion in …（因果：引发激增） 原句：That ruling produced an explosion in business-method patent filings 套用：The new policy produced an explosion in online applications.
- …, despite the fact that it questioned the basis for …（言行不一） 原句：despite the fact that it questioned the legal basis for granting them 套用：Many people still buy the product, despite the fact that they question its quality.
- A armed themselves with B, even as they took positions opposing the practice.（讽刺矛盾做法） 原句：some Wall Street investment firms armed themselves with patents for financial products, even as they took positions in court cases opposing the practice 套用：Some parents arm their children with extra classes, even as they criticize the exam system.
- A’s action comes in the wake of a series of recent decisions.（交代背景） 原句：The Federal Circuit’s action comes in the wake of a series of recent decisions by the Supreme Court 套用：The new rule comes in the wake of a series of accidents.