8.A patent is the tool that can be used to prevent people from making,selling,offering to sell or importing the patented items without permission.According to the patent law,any person who"invents any new and useful process,machine,or composition (成分) of matter,or any new and useful improvement may obtain a patent."
The law has described the limits of the field of subject matter that can be patented,and thus it has been held that the laws of nature,physical phenomena,and abstract ideas are not patentable subject matter.A patent cannot be obtained upon just an idea or suggestion.
In order for an invention to be patentable it must be new as described in the patent law,which also states that an invention cannot be patented if:"(a) the invention was known or used by others in this country",or"(b)the invention was patented or described in a printed publication in this or a foreign country",(c) the invention was in public use or on sale in this country more than one year before the application for patent".
Moreover,even if the subject matter sought to be patented is not exactly shown by the previous art,and involves one or more differences over the most nearly similar thing already known,a patent may still be refused.The subject matter sought to be patented must be fully different from what has been used or described before in the area of technology related to the invention.For example,the substitutions of one color for another,or changes in size,are not patentable.
56.We can learn from the text that a patentB.
A.is a legal limit to the spread of most new inventions
B.serves as an effective tool to protect inventors'rights
C.proves necessary when people want to invent something
D.is a permit for using a new invention by the inventor
57.Which of the following can not be patented according to the patent law?D
A.A new computing tool. B.A new packaging for a product.
C.A new waste treatment method. D.A new economic theory.
58.We can infer from the text thatB.
A.it's not easy to put new inventions into production
B.there are strict criteria for applying for a patent
C.a(chǎn) patent will not be applicable in some countries
D.the patent law differs greatly between countries
59.The author writes this text in order to tell usC.
A.there are few inventions that can be patented
B.how to avoid failing to get a patent for a new invention
C.what can or can't be patented under the patent law
D.how to bring the patent law into force.
分析 本文主要講述在現(xiàn)有法律下哪些可以申請專利,哪些不可以申請專利.
解答 BDBC
56 B 細(xì)節(jié)題. 根據(jù)文章第一 段A patent is the tool that can be used to prevent people from making,selling,offering to sell or importing the patented items without permission. 可知專利是保護發(fā)明者權(quán)利的一種工具,故選B.
57 D 細(xì)節(jié)題. 根據(jù)文章第二 段 it has been held that the laws of nature,physical phenomena,and abstract ideas are not patentable subject matter. 可知像經(jīng)濟理論這樣的抽象想法不能申請專利,故選D.
58 B 推理判斷題. 根據(jù)文章最后一段 Moreover,even if the subject matter sought to be patented is not exactly shown by the previous art,and involves one or more differences over the most nearly similar thing already known,a patent may still be refused可知專利申請的標(biāo)準(zhǔn)是非常嚴(yán)格的,故選B.
59 C 主旨大意題. 通讀全文可知本文主要講述在現(xiàn)有法律下哪些可以申請專利,哪些不可以申請專利.
點評 考察學(xué)生的細(xì)節(jié)理解和推理判斷能力,做細(xì)節(jié)理解題時一定要找到文章中的原句,和題干進(jìn)行比較,再做出正確的選擇.在做推理判斷題不要以個人的主觀想象代替文章的事實,要根據(jù)文章事實進(jìn)行合乎邏輯的推理判斷.