Patent
A government document transferring title to public land into private ownership, including mineral patents for mining claims.
Detailed Definition
A patent is a legal document issued by the government that transfers ownership of public land to a private party. In mining, a mineral patent conveys fee simple title to land covered by a mining claim.
Types of patents
Mineral Patent: - Transfers mining claim to private ownership - Includes both surface and mineral rights - No longer issued (moratorium since 1994) - Historical patents remain valid
Homestead Patent: - Transferred land for agricultural settlement - Programs ended in most states - Often reserved minerals to federal government
Land Grant Patents: - Large transfers to railroads and states - Created complex mineral ownership patterns - May include mineral reservations
Historical mineral patent process: - Required valid mineral discovery - Minimum $500 in improvements - Mineral survey by certified surveyor - Publication of notice - Payment of $2.50/acre (placer) or $5.00/acre (lode)
Current status: - Congressional moratorium on new mineral patents since 1994 - Existing patents remain in full effect - Patented claims traded as private property - BLM maintains patent records
Research value: Patent records are valuable for mineral title research, establishing original conveyance from government to private ownership.
Related Terms
Mining Claim
A parcel of land for which a claimant has asserted a right of possession and the right to develop and extract mineral resources.
Mineral Title
The legal ownership rights to minerals beneath the surface of a property, which can be separate from surface ownership.
Patented Claim
A mining claim that has been converted to private ownership through the federal patent process.