Canada’s Intellectual Property Law Firm

Artificial Intelligence

Artificial intelligence and the disruption of IP law

Artificial intelligence is raising important legal, regulatory and ethical questions.

Advances in algorithms, the rapid expansion of data availability and more sophisticated computing power has allowed AI and subfields, such as machine learning, machine vision and natural language processing to enter intellectual territory that used to be exclusively human. Progress in AI is challenging IP law to answer increasingly difficult questions regarding the protection, ownership and authorship afforded these technologies.

As with any emerging and disruptive area of innovation, companies — ranging from startups to long-established institutions — should consider precise IP strategies that offer a full scope of protection. While many considerations are the same as those in traditional technologies, a number of key strategies used to develop patent, trade secret and copyright protection are specific to AI.

The future of AI is Canadian

Canada’s leadership in artificial intelligence and machine learning is gaining momentum and drawing worldwide attention. For the past two decades, Canadian researchers and scientists in leading academic research clusters have laid a foundation for breakthroughs in AI and computer algorithm-powered technology.

With hundreds of millions of dollars in government funding, and industry leaders establishing Canadian research centres, Canada is positioned to be one of the world’s most important markets for AI research and development.

Smart & Biggar’s depth of experience is unmatched

Companies around the world that are developing and using AI are facing unique intellectual property issues. Smart & Biggar assists companies, investors and entrepreneurs with key intellectual property considerations in the AI domain.

Our IP lawyers and agents have unmatched experience and capability when it comes to advising, structuring and negotiating a wide variety of domestic and international IP-related transactions. Our team also includes lawyers with practical and business-oriented knowledge gained from in-house experience, who can offer vital insights on issues surrounding patents of AI inventions. We help our clients exploit, leverage and license their IP assets, and secure reasonable terms for IP assets that our clients look to in-license or acquire.

With our depth of IP and industry-related experience, our clients have a focused team behind them to develop and implement IP strategy and management to strengthen and protect their corporate vision and business objectives.

Technical expertise

Smart & Biggar’s practice group has unmatched experience as it relates to rapidly evolving AI technologies and understand that these distinct challenges require a focused and strategic IP approach.

Our extensive expertise and technical training in relevant subspecialties enable us to offer unparalleled services relating to the protection of AI innovation, including patenting of innovation, trademark clearance and procurement, litigation proceedings, acquisition or licensing of new technologies, strategic management of international patent portfolios and assistance with regulatory aspects related to IP. The breadth and depth of our experience allow us to provide the best possible counsel to AI and machine-learning innovations.

Legal expertise

Smart & Biggar is committed to protecting Artificial Intelligence innovation through precise and focused intellectual property enforcement and litigation.

Our award winning team of leading IP litigators has appeared at the highest appellate levels of common law and civil law courts, representing clients in both of Canada’s official languages. Having appeared in the Supreme Court of Canada on more than 50 occasions, we have handled a significant share of Canada’s most commercially important and technically complex intellectual property law cases, many of which are leading Canadian precedents.

Our combination of legal expertise and advanced technical training in relevant subspecialties enable us to offer unparalleled IP protection. We stay on the cutting-edge of IP law and AI innovation and have a distinguished record across all aspects of intellectual property, including patent drafting and prosecution, litigation proceedings, transactions involving the acquisition and licensing of new technologies and strategic management of international and domestic patent and industrial design portfolios.

Whether the strategy calls for patent procurement, licensing and partnership negotiations, or due diligence for mergers and acquisitions, we safeguard your competitive position by providing unparalleled IP counsel.

Key Contacts