Prosecution — in plain language

Plain language

the legal action taken by the government to prove someone committed a crime, or the process of applying for and obtaining a patent

• criminal case brought by the government
• legal action against a defendant
• patent application process

What to watch for

• In criminal law, 'prosecution' refers to the entire case brought by the government, not just the opening statement or closing argument. A plain-language translation must convey the complete legal action, not just a single part of it.
• The patent law meaning is completely different from criminal law — it refers to the administrative process of obtaining patent rights, not pursuing wrongdoing. Translators must identify the context to choose the correct plain-language version.
• Non-lawyers often confuse 'prosecution' with 'persecution' — they sound similar but have opposite meanings. The translation should avoid any phrasing that could reinforce this confusion.
• In contracts, 'prosecution' often appears in clauses about patent prosecution costs or cooperation in legal proceedings. The plain-language version must clarify whether it refers to criminal cases or patent applications based on surrounding context.

Two Very Different Meanings. This term has completely different meanings in criminal law versus patent law. In criminal cases, it's about pursuing wrongdoing. In patent cases, it's about obtaining legal rights for an invention. Always check the surrounding context to determine which meaning applies.

What to Watch For.

• Contract clauses about cooperation: Phrases like "prosecution or defense of any action" typically refer to legal proceedings in general, not specifically criminal prosecution.
• Patent-related language: Words like "filing," "examination," "issuance," or "re-examination" signal the patent law meaning.
• Fee reimbursement clauses: When contracts mention "expenses incurred with the prosecution," look for context clues about whether this involves criminal cases or patent applications.

Common Misunderstandings by Non-Lawyers.

• "Prosecution always means someone is being charged with a crime." (Not in patent law — it means pursuing patent protection.)
• "The prosecution is just the opening statement in a trial." (No — it's the entire case from charges through verdict.)
• "Prosecution and persecution mean the same thing." (They sound similar but are opposites — prosecution is legal action, persecution is unfair treatment.)

Legal definition

The legal action taken by the government to prove someone committed a crime, or the process of applying for and obtaining a patent. In criminal cases, prosecutors represent the government and try to convince the court that the defendant broke the law. In patent law, prosecution refers to the back-and-forth process between inventors (or their attorneys) and the patent office to secure patent protection for an invention.

Meanings by context

criminal law: The government's case against someone charged with a crime — the prosecutors try to prove the person broke the law.

patent law: The process of applying for and obtaining a patent — working with patent examiners to get official approval for an invention.

Examples

Where you'll see it

• criminal court proceedings
• patent applications
• legal fee agreements
• indemnification clauses

Related terms

• defense
• prosecutor
• plaintiff
• indictment
• patent application

Word details

Pronunciation

PROS-kyoo-shuhn

Part of speech

noun

Origin

Latin — from 'prosequi' — to pursue, follow after

Domains

criminal law, patent law, administrative law

Frequency

common

Formality

high