‘patent prosecution’

By the nature of patent prosecution the PTO’s role is to act as a quasi prosecutor (thus the name ‘patent prosecution’). So the patent application process is by definition adversarial. The PTO is therefore NOT impartial and to permit them to after issue be judge, jury and prosecutor of property rights for in a post issue review would be an egregious violation of due process and any invalidation resulting would be an illegal taking of private property.

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