Everything about Letters Patent totally explained
Letters patent are a type of
legal instrument in the form of an
open letter issued by a
monarch or
government, granting an office, right,
monopoly, title, or status to a person or to some entity such as a
corporation. The opposite of
letters patent (
Lat.
litterae patentes) is
letters close (Lat.
litterae clausae), which are personal in nature and sealed so that only the recipient can read their contents.
Note that due to the Latin idiom involved, a single document isn't a "letter patent" but still "letters patent."
Letters patent often start with a salutation such as "To all to whom these presents shall come Greeting" or "To all to whom these presents shall come or whom the same may in any way concern, GREETING:" or even just "To all and singular, greeting." However, a document starting with such a clause may merely be a
deed poll. Letters patent can be used for the granting of city status or
coats of arms, for the creation of
corporations, or by a
monarch to create an office. They are also common in printed
diplomas and
academic degrees from educational institutions.
A particular form of letters patent has evolved into the modern
patent granting exclusive rights in an
invention.
In the
United Kingdom and some
Commonwealth realms (where letters patent may be issued by the
Governor-General), letters patent are issued under the
Royal Prerogative and constitute a rare, if significant, form of
legislation without the consent of
Parliament. Letters patent may also be used to grant
royal assent to acts of Parliament.
In the
United States, the
forgery of letters patent granted by the
President of the United States is a
crime subject to fine and/or
imprisonment up to ten years . Without letters patent a person is unable to assume an appointed office. Such prompted the
Marbury v. Madison suit where
William Marbury and three others petitioned the US Supreme Court to order
James Madison to deliver their letters for appointments made under the previous administration.
Further Information
Get more info on 'Letters Patent'.
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