Letters Patent: Legal Rights, Appeals & Uses

Key Takeaways

• Letters patent are official legal documents issued by a sovereign authority, granting rights or privileges to individuals or entities.
• They are traditionally used for patents, governmental appointments, land grants, and court formations.
• In modern contexts, letters patent often refer to patent rights for inventions, valid for a limited duration.
• Types of letters patent include those for offices, honors, monopolies, and more.
• Appeals of letters patent decisions are possible through the legal process known as Letters Patent Appeal (LPA) in some jurisdictions.
• Not everything is eligible for patenting; laws of nature and abstract ideas are excluded.
• Letters patent are public documents and must not be confused with sealed or private instruments.

A letters patent is given to an individual or corporate entity by the government when they are able to establish that they have created or discovered a new way to accomplish a specific task.

Letters Patent Definition

A letters patent occurs when the government assigns a title or specific rights to a private legal entity through certain legal means. Letters patents are legal measures that are used to grant exclusive rights to an invention to a person or corporate entity. They are given to the person or company in question by the government and afford them certain rights related to authorship and patents for new inventions and discoveries. A new invention must be able to provide a new method or solution to accomplish a specific task.

Letters patents are not sealed. They are open to the public and can be viewed at the United States Patent and Trademark Office. Letters patents grant the rights to an invention to an individual or legal entity for a specific period of time. This period of time doesn't typically last for more than 20 years. Patents can also be referred to by the government as "licenses" and give holders exclusive rights to things like:  

• Their innovative processes  
• Designs  
• Inventions  

It is worth noting that these rights only last for a certain period of time. "Letter patent" is a term that originates from the Latin phrase, "litterae patentes." They are official documents that grant exclusive rights to make and sell an invention. Letter patents eventually evolved to become the patents that are commonly used in modern business practices to grant exclusive rights to inventions. 

Forging a letter patent that has been given by the President of the United States is considered a federal offense and can result in significant fines and up to 10 years in prison.

Historical and Legal Origins of Letters Patent

The concept of letters patent originates from the Latin litterae patentes, meaning "open letters." Unlike private or sealed communications, letters patent are public proclamations, traditionally issued by a monarch or sovereign to confer a privilege, title, or legal right. These documents were "patent" (open) so that the public could inspect them, ensuring transparency of the grants they conferred.

Historically, letters patent were used to:

• Grant land titles or territorial rights
• Appoint judges or colonial governors
• Establish corporations or universities
• Confer titles of nobility or knighthood
• Issue monopolies or charters for exploration

Over time, the concept evolved and was adopted into intellectual property law, where it now commonly refers to the granting of exclusive rights over inventions.

Appealing a Letter Patent

Judges can appeal letter patent decisions to another judge in the same court. This is known as a Letter Patents Appeal or LPA. This is a measure that was originally established when the high courts were formed in India in 1865. A Letter Patents Appeal is the only way to fight the decision that has been made by a single judge regarding letter patents in the high court without taking the appeal to the Supreme Court. It is important to understand that it is possible for a single judge to make an incorrect ruling based on established laws and facts that are available to them.

In other words, before taking an appeal to the Supreme Court, the petitioning party has the option to take their appeal to another judge of the same court. In this way, they may be able to spare themselves the potential expense of appealing to the Supreme Court.

Types of Letters Patent

Letters patent can be issued for a variety of purposes beyond inventions. Common types include:

• Patent for Invention: Grants exclusive rights to an inventor for a specified period.
• Letters of Appointment: Used to officially designate individuals to high offices, such as judges or governors.
• Charters: Documents used historically to establish municipalities, corporations, or universities.
• Titles and Honors: Confers ranks, honors, or privileges, especially in monarchies.
• Land Grants: Authorizes individuals or organizations to own and use certain lands.

Each type serves a different legal purpose, but all share the hallmark of being official, open documents conveying authority or rights.

What Can Be Patented?

Things that might be eligible for what is known as a "utility patent" are new and useful:  

• Processes  
• Machines  
• Manufacturing methods  
• Compositions of matter  
• Useful improvements on the items listed above

Design patents can be given for original, new, or ornamental designs for an item that is manufactured. A new type of manufacturing plant that is distinct from any other currently in existence and has been discovered, invented, or asexually reproduced can be eligible for what is known as a "plant patent."

It is important to note that some things can't be patented. This can include, but is not limited to:  

• Laws of nature  
• Physical phenomena  
• Abstract ideas  
• Mental processes  
• Certain algorithms

While a patent application is pending in the United States, applicants are not to use words like "patent pending" in the name of the item they have petitioned to patent. Once the patent has been approved, however, the person or legal entity that has been granted the patent needs to use one of the following in the items name as a way of letting the public know that it is in fact patented:  

• "Patented"  
• "U.S. patent"

Navigating patents can be tricky if you're not familiar with the laws and regulations that handle them. If you're considering the possibility of applying for a patent, it may be in your best interest to seek assistance from a professional.

Letters Patent vs. Other Legal Instruments

Letters patent differ from other legal instruments in key ways:

Understanding this distinction is crucial for recognizing when and how letters patent apply—especially in legal and governmental contexts.

Limitations and Conditions of Letters Patent

While letters patent confer exclusive rights, these rights are not absolute. The issuance and validity of letters patent are subject to specific conditions and limitations:

• Duration: Most patent rights (e.g., invention patents) are valid for up to 20 years from the filing date.
• Jurisdictional Scope: Letters patent are generally valid only within the jurisdiction that issued them unless recognized by international treaties or reciprocities.
• Disclosure Requirement: For invention patents, a full public disclosure of the method, process, or design is typically required.
• Public Inspection: Being a public document, a letters patent must be accessible to the public (e.g., through the USPTO database).

Violation of these conditions—such as misrepresentation during application or forgery—can lead to the revocation of the patent and possible legal penalties.

Frequently Asked Questions

1. What is the difference between a patent and letters patent?
   Letters patent refer to the public document that grants the right, while a "patent" typically refers to the right itself (e.g., the right to exclude others from making or using an invention).
2. Are letters patent still issued today?
   Yes, they are still issued for patents of invention and in some countries for official appointments or honors, especially within constitutional monarchies.
3. Can letters patent be revoked?
   Yes, under certain conditions—such as fraud, error, or violation of statutory terms—letters patent can be invalidated or revoked.
4. Do letters patent provide international protection?
   No, they are jurisdiction-specific. For international protection, inventors typically need to apply in each relevant country or via treaties like the Patent Cooperation Treaty (PCT).
5. Are all patents considered letters patent?
   In most legal systems, yes. The formal document issued by a patent office to grant rights is a type of letters patent.

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