Advising a Fintech or Payments Business: A Practitioner's Guide to Patentability, Market Data Licences, Model Governance, and Vendor Terms
By Casey Scott McKay ·
This guide takes a practitioner through a financial technology engagement in the order the work actually has to happen, which is not the order the client expects. It begins with the market data entitlement inventory rather than with filings, because that is where the quantified exposure sits and because no other document in the sector pays back as reliably. It then covers the patentability screen and the drafting discipline that survives eligibility, the model governance work that reconciles a secrecy programme with the documentation regulators require, and the vendor terms where the sector's assertion exposure is actually created. Later steps address open banking obligations, transaction data uses, sponsor and partnership agreements, and the assertion response. Each step ends with the artefact it produces.
IP and Technology > Information Technology | Guide | Published 30 March 2024 - Updated 17 November 2025 | Casey Scott McKay - marksy.us
Summary. This guide works through a financial technology engagement in the order the work has to happen, which is not the order the client expects. It begins with the market data entitlement inventory rather than with filings, because that is where the quantified exposure sits. It then covers the patentability screen and the drafting discipline that survives eligibility, the model governance work reconciling secrecy with regulatory documentation, and the vendor terms where assertion exposure is created. Later steps address open banking obligations, transaction data uses, partnership agreements, and assertion response. Each step ends with an artefact.
Keywords: fintech advice · patentability screening · technical improvement claims · market data entitlements · non-display use · derived data · model governance · trade secret programme · vendor indemnities · open banking interfaces · transaction data uses · sponsor bank agreements · code registration · assertion defence · regulatory technology
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