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ARTICLE · 27 JULY 2022

Navigating Global Fintech Patent Eligibility Challenges

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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Finnegan, Henderson, Farabow, Garrett & Dunner LLP

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Because rights granted by a patent generally extend only as far as the borders of the country granting it, a fintech patent granted in one country will not extend to foreign countries.

United StatesIntellectual Property

Because rights granted by a patent generally extend only as far as the borders of the country granting it, a fintech patent granted in one country will not extend to foreign countries. What's more, fintech finds itself in the crosshairs of patent eligibility questions because many countries have taken specific steps to prevent the granting of patents on pure methods of doing business or finance. Despite the "tech" portion of the word, many patent offices focus squarely on the "fin" side of things to err on the side of not allowing patent protection.

Clearly, creating a strong global patent portfolio presents challenges when countries treat patent eligibility differently, and it is typically not enough to file only in "easy" jurisdictions. But while accounting for each country having different standards for eligibility presents its own challenge, knowing the rules remains a key step in securing a strong patent portfolio that can protect innovations around the world.

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