#22 - Main Point

[Administrator]

Complete Question Explanation
(See the complete passage discussion here: lsat/viewtopic.php?t=14639)

The correct answer choice is (D)

The correct answer choice will likely include the following: (1) institutions seek to profit from the
inventions of their faculty, (2) the majority of institutional policies seem to give universities the rights
to faculty inventions, (3) these policies are questionable based upon their uncertain legal basis, and (4)
there is another policy that seems preferable and that grants faculty members ownership rights.

Answer choice (A): This seems like a very good description of the main point at first. Lines 7-10 discuss
the expectations of universities to profit from faculty research and lines 16-19 discuss the risk of losing
faculty to other commercial interests. However, the phrase “establish clear-cut policies” should be a redflag.
A very clear-cut policy which does not provide appropriate flexibility to faculty will do nothing to
curtail the risk of losing faculty to research corporations or commercial consulting contracts.

Answer choice (B): This answer choice discusses the fourfold classification system mentioned in
paragraph two, but emphasizes that this system “is sufficient to categorize the variety of steps institutions
are taking” to prevent the loss of faculty. The comprehensiveness of Patricia Chew’s system is irrelevant
to the passage’s main focus on the need for institutions to choose an appropriate policy.

Answer choice (C): According to the passage, only faculty-oriented institutions “adopt the common law
presumption that faculty alone own their inventions.” But this approach does not guarantee that faculty
will not leave for commercial firms or research corporations. Furthermore, the passage does not assert
that all institutions should adopt the faculty-oriented approach. It only states that they must “provide the
appropriate level of flexibility” so that faculty will not be tempted to leave (lines 23-24). This answer
choice is too extreme and too narrow.

Answer choice (D): This is the correct answer choice. Answer choice (D) is a good paraphrase of
the transition between the third and fourth paragraphs. For this reason, some test takers may deem this
answer choice too narrow to describe the main point of the passage, but the test makers have included
all of the necessary elements in this sentence. It addresses all four policies, along with the respective
motivations of universities and researchers regarding the exploitation of faculty inventions.

Answer choice (E): Although the third paragraph claims that the policies discussed in the preceding
paragraph are based upon a presumption that is contrary to common law, it does conclude that these
policies are indefensible. The third paragraph also suggests that these policies may take advantage of
“faculty’s limited knowledge of their rights” (lines 55-56), but does not claim that these policies go
unchallenged. This answer choice also fails to address the faculty-oriented institutional policy.

[Haleyeastham]

Can you explain to me how D is the correct answer choice? To me, it seems that D only encompasses an idea in the passage rather than the MAIN idea. I subsequently chose answer choice C.

Thanks!

[Steve Stein]

Hi Haley,

Thanks for your message. In that one, the author begins by pointing out that when faculty researchers' discoveries have potential commercial value, their institutions expect to prosper as a result. One study suggests that if universities don't provide flexibility, faculty can be pulled away by "institutions that are more responsive to their commercial desires."

The author then introduces Patricia Chew's classifications: one which looks for the broadest claims possible, a second which allows faculty to own inventions they've made apart from their universities, and a third which asserts claims based on the vague criterion "significant use."

In the third paragraph, the author underscores a point made by Chew, that there are issues with these three classifications--they presume that any sharing is a result of the benevolent institutions, contrary to common-law faculty ownership. With vagueness and some issues unsettled, and many faculty not knowing their rights, universities often simply seek to maximize their ownership and profits.

The author ends the passage with the presentation of a fourth way, which may be a way to sidestep such issues: with faculty-oriented institutions, the presumption is that the ownership remain with the researchers, except in the cases of public health inventions or predetermined substantial university involvement.This tends to lead to fewer benefits for the institution.

The question asks for the main point of the passage. The author's main point is that universities want to participate in the commercial profits from their faculty inventions, current rules are vague, and without greater flexibility they risk losing their faculty to commercial institutions. There are four classifications presented by Chew, the first three of which confer most presumed benefits on the universities, contrary to the common law presumption that faculty own their inventions. There is a fourth, however, which avoids such issues, with the assumption that researchers own their intellectual property, subject to a few specific exceptions.

Though the prephrased answer above is not likely to match the right answer choice word for word, we need to find the choice that best relays the main point without any inaccuracies.Answer choice (C) is a tempting wrong answer, but it is worded quite strongly given the information provided in the passage. The author does reference a study suggesting that faculty may be tempted by commercial institutions and does refer to a different policy which gives faculty rights which are subject to a few specific exceptions; this policy seems to be free from some of the issues presented in the third paragraph. This is not quite the same as the author asserting that the only way for institutions to avoid losing faculty is to presume that faculty alone own their own inventions.

Answer choice (D) provides that most institutions seek to maximize their profits from faculty inventions, and there is another policy (the one discussed in the closing paragraph) which provides greater flexibility and ownership to faculty. Again, this is not a verbatim reproduction of the prephrase above, but it is easy to defend as it covers most of the important information with no inaccuracies or overly strong language.

Tough passage, and tough question! I hope this is helpful--please let me know whether this is clear--thanks!

~Steve