Protect innovation. Identify opportunities
The high cost of research and development plus the relatively low cost of imitation make the protection of intellectual property the core of the chemical and biotechnology industry.
Intellectual property (IP) strategy for the biotech industry holds immense commercial importance. Biotechnology is a research-intensive industry and biotech companies are responsible for some of the most innovative developments in the world. It is critical that companies have focused IP counsel and advice to protect their research, and secure patents as part of a carefully crafted IP strategy.
In order to attract investors and stimulate growth, biotech companies in sectors including energy production, pharmaceuticals, medical, agrochemical, and environmental, can benefit from having an effective IP strategy in place, to reduce the risk of infringing and copied products entering the market, safeguard innovation and establish potential licensing opportunities.
Canada, a world leader in chemical and biotechnology
The Canadian chemical and biotechnology industry is a strong engine for innovation and a significant contributor to Canada’s innovation economy. The Smart & Biggar team is involved with the major organizations and industry associations that develop and promote the development of strong technology and biotech capabilities in Canada.
Biotechnology is a global economic powerhouse
Biotechnology is a primary industry and driver of growth in the global economy. Our clients span the globe and range from groundbreaking startups to some of the largest chemical and biotechnology innovators. We collaborate with chemical and biotechnology IP practitioners around the world to obtain protection for Canadian inventions abroad as well as protection in Canada for international chemical and biotechnology innovations.
Unmatched technical expertise
Smart & Biggar has been at the forefront of innovation and change in chemical patent protection for over a century and on the leading edge of biotechnology innovation since its advent.
We have expertise across the chemical field, including polymer chemistry, chemical processing and synthesis, materials science, organic and inorganic chemistry, catalysis, biological chemistry, pharmaceutical chemistry, physical chemistry, analytical
chemistry, environmental chemistry and nanotechnology. Our team also includes experts in biotechnology, with expertise in areas including bioprocessing, biomaterials (including bioplastics and biopolymers), biofuels, and enzymes for industrial
application.
Leading legal expertise
Our powerful combination of extensive expertise and advanced technical training in relevant subspecialties enables us to offer outstanding services for the protection of chemical inventions and industrial biotechnology innovation. We use the full scope of IP strategy to protect our clients, including patent drafting and prosecution, acquisition or licensing of new technologies, and strategic management of international patent portfolios.
We have assembled a team of professionals with extensive knowledge and experience in intellectual property law and practice as it relates to chemical technologies and biotechnologies. Our professionals include lawyers, patent agents and technical consultants. Many of our professionals have practical experience with direct application to our clients’ technologies and advanced degrees spanning the field of chemical and biotechnology research.
Key Contacts
Client Success
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The Dow Chemical Company et al v Nova Chemicals Corporation
2017 FC 637Successfully represented the plaintiff Dow Chemical in a reference proceeding relating to an accounting of the defendant’s profits| in a patent infringement matter, that resulted in Dow being aw...Read More -
The Dow Chemical Company et al v Nova Chemicals Corporation
2017 FC 350Successfully represented the Plaintiff Dow Chemical in a reference proceeding relating to an accounting of the defendant’s profits| in a patent infringement matter. that resulted in Dow be...Read More -
Nova Chemicals Corporation v Dow Chemical Company et al
2017 FCA 25Successfully represented the respondent Dow Chemical on an appeal of a $6.5 million cost award in respect of a patent infringement matter.Read More -
Nova Chemicals Corporation v The Dow Chemical Company et al
2016 FCA 216Successfully represented the respondents as co-counsel in an appeal from a patent infringement action.Read More -
The Dow Chemical Company et al v Nova Chemicals Corporation
2016 FC 706Successfully represented the plaintiff Dow Chemical on a motion in a patent infringement matter to strike out certain portions of the Defendant’s Statement of Defence and CounterclaimRead More -
Nova Chemicals Corporation v The Dow Chemical Company et al
2016 FCA 66Successfully represented the respondent Dow Chemical in resisting a motion to stay a judgment of the Federal Court in respect of a patent infringement matter.Read More -
The Dow Chemical Company et al v Nova Chemicals Corporation
2016 FC 91Successfully represented the plaintiff Dow Chemical in a patent infringement matter wherein Dow’s patent was found valid and infringed. This decision pertains to the Trial Judge’s aw...Read More
Unparalleled Expertise in Chemical & Biotechnology
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Legal Media Group
Canadian IP Impact Case of the Year
2017 & 2020LMG Life Sciences Awards -
Chambers & Partners
Band 3: Life Sciences
2019-2021Chambers Canada -
Lexpert®-Ranked
8 lawyers in Biotechnology
2020The Canadian Legal LEXPERT® Directory -
Who's Who Legal
Five Life Sciences leaders
2020Who's Who Legal: Life Sciences -
Who's Who Legal
Five Life Sciences leaders
2019Who's Who Legal: Life Sciences -
Who's Who Legal
Two Thought Leaders
2019Who’s Who Legal: Thought Leaders Global Elite -
Lexpert
Six of Canada's top IP lawyers
2019LEXPERT®/American Lawyer Guide to the Leading 500 Lawyers in Canada -
Lexpert®-Ranked
7 lawyers in Biotechnology
2019The Canadian Legal LEXPERT® Directory -
Euromoney LMG
10 leading Life Sciences experts
2019Expert Guides: Life Sciences -
Who's Who Legal
Three Thought Leaders in Patents, Trademarks and Life Sciences
2019Who's Who Legal: Thought Leaders
Related Publications & Articles
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Federal Court decision regarding glatiramer acetate finds one patent obvious and another valid and infringed
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First year of Project Orbis leads to 38 approvals of cancer therapies, including 8 by Health Canada
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2020 Highlights in Canadian Life Sciences IP and Regulatory Law
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Related News & Media
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Smart & Biggar partners examine biologics and biosimilars in Canada on LSPN Connect
Smart & Biggar partners David Schwartz and Urszula Wojtyra will present a webinar update on biologics and biosimilars through LSPN Connect.Read More -
Smart & Biggar boasts seven “Life Sciences Stars” in the 2020 edition of LMG Life Sciences
Smart & Biggar is pleased to announce that seven partners have been named “Life Sciences Stars” across IP and Regulatory practice areas in the 2020 edition of LMG Life Sciences.Read More -
Smart & Biggar hailed at the 8th annual LMG Life Sciences Awards
Smart & Biggar is proud to claim three major practitioner awards, as well as recognition for our involvement in one of the Patent Impact Cases of the Year at the 8th annual LMG Life Sciences Awards fo...Read More -
Smart & Biggar named IP 'Law Firm of the Year' and leads the rankings with 31 lawyers recognized in The Best Lawyers in Canada 2021 edition
Smart & Biggar is pleased to share that we have been named 'Law Firm of the Year' for expertise in Intellectual Property Law in the 2021 Edition of The Best Lawyers in Canada.Read More -
Smart & Biggar shortlisted for five LMG Life Sciences Awards in 2020
Smart & Biggar is proud to share that we have been shortlisted for five LMG Life Sciences awards, each a recognition of the firm’s leadership in the Life Sciences law space.Read More -
Abigail Smith re-elected to the Ontario Bar Association’s IT & IP section
Smart & Biggar congratulates Toronto senior associate Abigail Smith on her re-election to the Ontario Bar Association’s (OBA) Information Technology (IT) and Intellectual Property (IP) section as an e...Read More -
Smart & Biggar boasts 24 “Lexpert-Ranked” lawyers in 2020 and earns top rankings across Canada
Smart & Biggar continues to be a leader in IP law across Canada in the 2020 edition of the Canadian Legal Lexpert Directory.Read More -
5 Smart & Biggar practitioners recognized for life sciences by the Who’s Who Legal: Life Sciences 2020
Smart & Biggar is pleased to announce that five practitioners have been listed as leading lawyers in life sciences by the Who’s Who Legal: Life Sciences 2020 National Guide.Read More