The entire panoply of intellectual property (IP) protections
are available to the financial service sector.
Creating or acquiring IP assets increases the value of the
pertinent financial products and concomitantly the value of the
respective financial service company.
Financial products or instruments such as novel derivatives
are subject to patent
protection.To the extent
that the financial products require the use of computers for
implementation, the software
and computer methodology may be patented. The main hurdle
to be overcome is the prior art: the financial software and methodology
must not obvious in view of prior techniques.
Even if the services entail no novel instrument or product,
the services may nevertheless be subject to patent protection as
business methods
.Again, the methods
or techniques used must distinguish over prior methods.
To the extent that back office procedures are not revealed
by the marketing of the financial services or products,
trade secret
protection may be the best protection.
If the methods can be maintained in secrecy and provide a commercial
advantage, any misappropriation of the secret methods (e.g., by an
absconding employee or former employee colluding with a rival company)
may be prosecuted.
Printed advertising and promotional brochures and descriptions
of financial products or services are subject to
copyright
protection, while the names and logos associated with a financial
product or service to identify the source or sponsorship of the
product or service are trademarks or service marks.
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