Legal Definitions - prosecute

To prosecute means to formally initiate and carry out a legal action. This term is primarily used in two distinct legal contexts:

• In criminal law, it refers to the government's efforts, through a prosecutor, to bring charges against an individual or entity accused of a crime and to pursue those charges in court.
• In intellectual property law, it describes the process by which a lawyer acts on behalf of a client to pursue an application for a legal right, such as a patent or trademark, with a government agency.

Here are a few examples illustrating the use of "prosecute":

• Imagine a situation where a local police department investigates a series of car break-ins. After gathering evidence and identifying a suspect, the county's District Attorney's office decides there is sufficient proof to charge the individual. The District Attorney will then prosecute the suspect, meaning they will formally file charges, present the case in court, and argue for a conviction.

  This example illustrates the criminal law context, where a government attorney initiates and pursues legal action against someone accused of a crime.

• Consider a a small business that has developed a unique software algorithm. To protect their innovation, the business owner hires a specialized attorney. This attorney will then prosecute a patent application on behalf of the business, guiding it through the complex process of filing with the patent office, responding to examiner's objections, and ultimately working to secure the legal protection for the software.

  This example demonstrates the intellectual property law context, where a lawyer pursues a legal application for a client to obtain a specific legal right.