Letters patent (pl. 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 are
letters close ( ), which are
personal in nature and sealed so that only the recipient can read
their contents. Letters patent can be used for the creation of
corporations or government offices, or
for the granting of city status or a
coats of
arms. A particular form of letters patent has evolved into the
modern
patent granting exclusive rights in an
invention. They are also common in printed
diplomas and
academic degrees from educational
institutions. Usually such documents begin with a salutation "to
all to whom these presents shall come" or even just "to all and
singular". However, a document starting with such a clause may
merely be a
deed poll.
In the
United
Kingdom
and countries formerly under that country's
influence, letters patent are issued under the prerogative powers
of the head of state ("royal
prerogative"). They constitute a rare, if significant,
form of
legislation without the consent
of the
parliament. Letters patent may
also be used to grant
assent to
legislation.
In the
United
States
, the forgery of letters
patent granted by the President 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 an issue prompted the
Marbury v. Madison suit, where William Marbury and three others petitioned
the United States
Supreme Court
to order James Madison
to deliver their letters for appointments made under the previous
administration.
See also
External links
Examples of letters patent
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