Letters patent by Queen Victoria creating the office of Governor-General of Australia.

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Letters patent (pl. letters patent; Latin: litterae patentes) 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 (Latin: litterae clausae), 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 (18 U.S.C. § 497). 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.

[edit] See also

• Commissioning scroll
• Letter of marque
• Letters close
• Lettre de cachet
• Patent of Toleration
• Royal Charter
• Statute of Monopolies 1623, an attempt to rein in the abuse of letters patent in England
• Land patent, in the United States

[edit] External links

• Research Guide on Letters Patent

[edit] Examples of letters patent

• (Blank) forms of letters patent granting peerages
• Letters patent of George VI (1947) constituting the office of Governor General of Canada
• Letters patent of Elizabeth II (1984) constituting the office of Governor-General of Australia