Letters patent

Advocate@Law Field (Querist) 10 November 2011 This query is : Resolved
Can any1 tell what is 'Letters Patent' in detail and basic concept behind it??
Thank u..in Advance

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Dhawal Bhandari (Expert) 11 November 2011
Letters patent (pl. letters patent) are a type of legal instrument in the form of a published written order issued by a monarch or president, generally granting an office, right, monopoly, title, or status to a person or corporation. They are so named from the Latin verb pateo, to lie open, exposed, accessible,[1] being called in full litterae patentes.
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 design patent granting exclusive rights in an invention. Clearly in this case it is essential that the written grant should be in the form of a public document so other inventors can consult it to avoid infringement.
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.

Dhawal Bhandari (Expert) 11 November 2011
Also there is Letters Patent appeal

In simple words leters patent appeal is an intra court appeal. it is an appeal before two judges of same high court against judgment of single judge. subject to minor diferences in diferent High Court Rules, normally a judgment and order passed under Art 226 of the Constitution is appealable as LPA and judgment and order passed under Art 227 is not appealable under this category .

M V Gupta (Expert) 11 November 2011
Mr. Bhandari has given an excellent explanation of the concept of Letters Patent.The judicial Dictionary by Mitra gives the following explanation: "Letters Patent is not an Act but it is granted by the Sovereign by virtue of an Act of Parliament, and it should be construed in the same way as an Act. - Bawarilal Vs Emperor- AIR 1943 Cal 285.