Legal Definitions - prosecution

The term "prosecution" primarily refers to the legal process by which the government pursues a criminal charge against an individual accused of a crime. It can also refer to the government's legal team responsible for bringing these charges and presenting the case in court. In a distinct legal context, it describes the administrative process of pursuing a patent application with a government office.

• Initiating Criminal Charges:

  Imagine a situation where local police investigate a series of burglaries in a neighborhood. After gathering evidence and identifying a suspect, they present their findings to the District Attorney's office. The District Attorney's office then reviews the evidence and decides to formally charge the suspect with multiple counts of burglary.

  This decision to formally charge the individual and begin the legal proceedings against them is the act of prosecution. It marks the official start of the government's effort to prove the suspect's guilt in court.

• The Government's Legal Team:

  Consider a high-profile trial where a former executive is accused of corporate fraud. Throughout the trial, the attorneys representing the state present evidence, question witnesses, and make arguments to convince the jury of the defendant's guilt.

  In this scenario, "the prosecution" refers to the team of government lawyers (often called prosecutors) who are actively working to secure a conviction. For instance, you might hear a news reporter say, "The prosecution rested its case today after presenting three weeks of testimony."

• Pursuing a Patent Application:

  An inventor develops a groundbreaking new software algorithm and submits an application to the U.S. Patent and Trademark Office (USPTO). The USPTO examiner reviews the application and sends a letter outlining several technical issues and prior art references that might prevent the patent from being granted.

  The inventor, with the help of a patent attorney, then prepares a detailed response, making amendments to the application and arguing why their invention is unique and deserving of a patent. This entire back-and-forth process of responding to the examiner's objections and working to secure the patent is referred to as the prosecution of the patent application.