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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Nova Chemicals Corporation v Dow Chemical Company
2022 SCC 43Successfully represented Dow Chemical before the Supreme Court of Canada, affirming the largest reported Canadian patent infringement award in history including the first time that an award was based ...Read More -
AstraZeneca Canada Inc and AstraZeneca AB v Sandoz Canada Inc
2020 FC 635 -
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 awarded ...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 being aw...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
Unparalleled Expertise in Chemical & Biotechnology
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Legal Media Group
Canadian Patent Strategy Firm of the Year
2013, 2014, 2018, 2021, 2023 & 2024LMG Life Sciences Awards -
Chambers & Partners
Band 3: Life Sciences
2019-2024Chambers Canada -
Best Lawyers
Three Lawyers of the Year
2013, 2021 & 2024The Best Lawyers in Canada -
Who's Who Legal
Four Life Sciences leaders
2023Who's Who Legal: Life Sciences -
Lexpert
Eight of Canada's top IP lawyers
2023LEXPERT®/American Lawyer Guide to the Leading 500 Lawyers in Canada -
Who's Who Legal
Six Thought Leaders in Patents, Trademarks & Life Sciences
2023WWL Thought Leaders: Global Elite -
Best Lawyers
One Lawyer of the Year
2019-2020, 2023The Best Lawyers in Canada -
Who's Who Legal
Five Life Sciences leaders
2018-2022Who's Who Legal: Life Sciences -
Who's Who Legal
Four Thought Leaders in Patents and Trademarks
2022WWL Thought Leaders: Global Elite -
Lexpert
Eight of Canada's top IP lawyers
2022LEXPERT®/American Lawyer Guide to the Leading 500 Lawyers in Canada
Related Publications & Articles
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Federal Court of Appeal affirms paliperidone palmitate claims are not unpatentable methods of medical treatment
On February 1, 2024, the Federal Court of Appeal (FCA) dismissed Pharmascience’s appeal. Per the FCA, whether a claimed dosing regimen is an unpatentable method of medical treatment cannot be based ex...Read More -
Twice is not nice – second notice of allegation may be abusive
On December 23, 2023, the Federal Court of Appeal (FCA) held that it was an abuse of process for Apotex to raise invalidity in defending actions under the Patented Medicines (Notice of Compliance) Reg...Read More -
Canadian Patent Law 2023: A Year in Review
In our annual review of developments in Canadian patent law, we considered over 60 patent decisions reported last year. This article highlights statutory changes and a selection of interesting points ...Read More -
2023 Highlights in Canadian Life Sciences IP and Regulatory Law
Highlights from the Rx IP’s team’s 2023 updates.Read More -
Federal Court declines to grant injunction for infringement of HUMIRA formulation patent
On December 4, 2023, the Federal Court issued its public judgment and reasons in two patent infringement actions pursuant to s. 6(1) of the Patented Medicines (Notice of Compliance) Regulations and tw...Read More -
Declaration of infringement does not preclude further NOA based on invalidity
On June 28, 2023, Manson J. of the Federal Court dismissed Janssen’s motion for summary judgment in actions relating to Janssen’s patent for dosing regimens of paliperidone palmitate (INVEGA SUSTENNA)...Read More -
2023 Mid-Year Highlights in Canadian Life Sciences IP and Regulatory Law
In the first half of 2023, Rx IP Update reported on a number of developments in Canadian life sciences IP and regulatory law. The Rx IP Update team at Smart & Biggar has collected the top stories ...Read More -
Obviousness of Lilly’s tadalafil (CIALIS) dosage form patent stands
The Federal Court of Appeal has dismissed Lilly’s appeals of judgments that held Canadian Patent No. 2,371,684 (the 684 patent) claims invalid. The decision, Eli Lilly v Apotex, 2023 FCA 125, was issu...Read More
Related News & Media
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Smart & Biggar celebrates International Day of Women in Engineering 2023
Today marks the International Day of Women in Engineering and to celebrate we asked Smart & Biggar Principal, Brigide Mattar, what led her to pursue a career in engineering and IP, and what advice...Read More -
Smart & Biggar leads the Canadian patent rankings with 23 lawyers and agents listed in IAM Patent 1000
Smart & Biggar is pleased to announce our continued standing as a ‘gold tier' firm in Canada for patent prosecution and litigation, in the 2022 IAM Patent 1000: The World’s Leading Patent Professi...Read More -
Smart & Biggar joins global biotech and pharma leaders at the 2022 BIO International Convention
Smart & Biggar partners Lei Liu and Mark Pidkowich are traveling to the San Diego Convention Center, to attend the annual BIO International Convention, from June 13-16, 2022. This year the confere...Read More -
Smart & Biggar welcomes two new associates to our patents group
Smart & Biggar is pleased to share that Hyun Woo Choi and Malcolm Harvey have joined the firm as new associates and will work alongside our expert patent lawyers and agents to assist our clients i...Read More -
Smart & Biggar named IP ‘Law Firm of the Year’ and leads the rankings with 36 lawyers recognized in the 2022 edition of The Best Lawyers in Canada and Best Lawyers: Ones to Watch
Smart & Biggar is pleased to share that we have been named "Law Firm of the Year" for expertise in Intellectual Property Law in the 2022 Edition of The Best Lawyers in Canada. This recognition i...Read More -
Smart & Biggar welcomes five new associates in Ottawa and Toronto
Smart & Biggar is pleased to welcome five associates, who were recently called to the bar after articling with the firm.Read More -
Nine Smart & Biggar lawyers featured as industry leaders in Lexpert Special Edition: Health Sciences
Smart & Biggar is pleased to share that nine of our life-sciences practitioners are included among the leading lawyers listed in the Lexpert Special Edition: Health Sciences 2021.Read More -
Nancy Pei presents on Anticipation in IPIC patent case law review series
On April 15, 2021, Smart & Biggar partner Nancy Pei, with co-presenter Kavita Ramamoorthy, will present a webinar on ‘Anticipation’ as part of the IPIC Patent Case Law Review Series.Read More