I think the key to answering that question is derived in a supreme court case that is almost entirely unrelated to this.
>There is no basis in text, tradition, or even in contemporary practice (if that were enough), for finding in the Constitution a right to demand judicial consideration of newly discovered evidence of innocence brought forward after conviction.
Regardless of the merit of this claim in regards to what exists in text, tradition, or practice, it, in my opinion, shows that the legal system is effectively a huge game where the rules matter more than the concepts of which the game's existence is justified (such concepts are right and wrong, harm, guilt and innocence).
If you are about to be executed for a crime you were convicted of, but have evidence beyond a reasonable doubt of your innocence, that alone is not worth demanding judicial consideration.
If the rules by which we murder people in cold blood are less nonsensical than the most recent version of D&D, then what hopes does far more mundane and boring issues like patents have?
> The substantial risk of putting an innocent man to death clearly provides an adequate justification for holding an evidentiary hearing.
Courts and laws change slowly, and changing them requires sustained, steady pressure. But they do change and adapt as their shortcomings are identified.
>There is no basis in text, tradition, or even in contemporary practice (if that were enough), for finding in the Constitution a right to demand judicial consideration of newly discovered evidence of innocence brought forward after conviction.
Regardless of the merit of this claim in regards to what exists in text, tradition, or practice, it, in my opinion, shows that the legal system is effectively a huge game where the rules matter more than the concepts of which the game's existence is justified (such concepts are right and wrong, harm, guilt and innocence).
If you are about to be executed for a crime you were convicted of, but have evidence beyond a reasonable doubt of your innocence, that alone is not worth demanding judicial consideration.
If the rules by which we murder people in cold blood are less nonsensical than the most recent version of D&D, then what hopes does far more mundane and boring issues like patents have?