I think it's important to distinguish what we are talking about here. We aren't talking about a hidden law, we are talking about internal procedures that attempt to make sure the law is following by identifying patents likely to cause problems and looking at them closer. The same published laws apply, they just look closer to make sure it in line with them.

It's important to remember that the patent system is for the benefit of society. It achieves this benefit by incentivizing the individual. We must be sure to make sure when we apply the rules for the patent system we aren't capricious and discriminatory, but we need to be very aware that the benefits provided to the individual by a patent are not the purpose of the patent system, but simply the method used to a achieve it's true purpose. That purpose is very clear in the constitution as "To promote the progress of science and useful arts."