What Is Letters Patent?
A letters patent is a type of legal instrument, in the form of a published written order, issued by a governing power, such as a king, president, head of state, or head of a corporation, that gives a person an exclusive right, privilege, title, or office.
Key Takeaways
- A letters patent is a type of legal instrument, in the form of a published written order, issued by a governing power, such as a king, president, head of state, or head of a corporation, that gives a person an exclusive right, privilege, title, or office.
- A letters patent is not sealed. Instead, it is open for public viewing at the patent and trademark office or another appropriate venue.
- A letters patent gives the rights of an invention to a person or entity for a limited period, usually for 20 years.
Understanding Letters Patent
Letters patent are predominately an English topic, as they are issued for appointing representatives of the Crown, such as governors and governors-general of Commonwealth realms, as well as appointing a Royal Commission. In the United Kingdom, they are issued for the creation of peers of the realm.
The British monarchy also uses it to make other official declarations. For example, days before Queen Elizabeth II died, she signed a letters patent granting the town of Colchester status as a city.
A letters patent is granted by the U.S. government to an individual, giving them the rights to a patent for a new invention or discovery. This form of letters patent has evolved into the modern patent (referred to as a utility patent or design patent found in U.S. patent law) granting exclusive rights in an invention (or a design in the case of a design patent).
Rights to a patent are effective only in the jurisdiction that granted the patent. The new invention is required to provide a different way of doing something or a unique solution. The opposite of letters patent is letters close, which are personal in nature and sealed so that only the recipient can read their contents.
A letters patent is not sealed. Instead, it is open for public viewing at the patent and trademark office or another appropriate venue. A letters patent gives the rights of an invention to a person or entity for a limited period, usually for 20 years. The government may also refer to a patent as a "license" giving its holder rights to the innovative process, design, or invention for a certain amount of time.
Why Is it Called Letters Patent?
The term appears to have originated from the Latin words "litterae patentes," translated as "open letters" or "exposed letters" for public documents published by a monarch. The phrase evolved in English to refer to public documents signifying the rights to a new patent.
Are Letters Patent Sealed or Granted?
Letters patent are documents issued by a government establishing rights to an invention, idea, or method. They are public documents, so they are not sealed.
What Is a Letters Patent From the King or Queen?
A letters patent from a monarch is a public proclamation from that entity. In the modern day, a letters patent is used to issue a declaration of the assignment of a title or office.
The Bottom Line
A letters patent is an official declaration from a government granting rights to a person or other legal entity. This document is used to grant patent rights in the U.S. and by the British monarchy to officially grant titles and office to people or make other declarations.