Canada’s Intellectual Property Law Firm

David Schwartz

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David Schwartz

Partner
  • Smart & Biggar LLP
Barrister and Solicitor
  • Patent and Trademark Agent

Experienced IP leader advocates for biotech clients in complex patent prosecution

David is a long-standing and highly respected IP leader who brings over 25 years of experience in patent law. Named Ottawa’s “Lawyer of the Year” in Biotechnology Law multiple times and recognized annually as one of “The Best Lawyers in Canada” under Biotechnology Law since 2006, David has become the trusted go-to legal counsel to a broad range of biotechnology clients for complex patent prosecution.

Representing diverse clients with leading-edge scientific innovations

David also counsels and represents pharmaceutical and chemistry clients in patent cases. Drawing from his extensive experience, he has acted on behalf of start-ups, early-stage ventures, universities, government organizations and multinational corporations. He works with clients in diverse and emerging fields such as plant biotechnology, stem cells, organic chemistry, materials science, diagnostics, pharmaceuticals, immunology, vaccines, water filtration, nutriceuticals, expression systems and assays.

Helping highly regulated companies succeed

In his patent prosecution practice, David frequently advises clients on regulatory matters relating to the Patented Medicines (Notice of Compliance) Regulations and listing patents with Health Canada, data protection under the Food and Drug Regulations, and matters concerning the Patented Medicine Prices Review Board. He also has expertise in managing global intellectual property portfolios and in performing freedom-to-operate and infringement analysis and intellectual property due diligence. He has handled first-to-invent conflicts under the pre-1989 Patent Act and appears regularly in oral proceedings before the Patent Appeal Board.

Well-known industry thought leader

David is well-known as a leader in the IP industry, committed to enhancing the profession. He has taught patent law at Queen’s University and at the University of Ottawa.  He is the Past-President of the Intellectual Property Institute of Canada (IPIC) and former Chair of the Biotechnology Committee. David has testified multiple times before the House of Commons Standing Committee on Industry, Science and Technology and the Senate Finance Committee with respect to patent law reform.

Qualifications

  • News
  • Speaking
  • Industry Involvement
  • In the Media
  • "Certificates of Supplementary Protection: A Canadian Perspective," (speaker) C5 18th International Forum Pharmaceutical Patent Term Extensions, Munich, Germany, June 26, 2019
  • "Canada Patent Legislation Update" (co-presenter: Yoon Kang), Life Sciences Patent Network (LSPN) North America Spring Conference, Boston, MA, April 25, 2019
  • "Clean Technology: Domestic and International Law and Policy," (workshop) Centre for International Governance Innovation, Ottawa, March 5, 2019
  • “Intellectual Property and Food Law in the Age of Biotechnology,” (panelist) University of Toronto Faculty of Law’s Food Law and Policy Group, Toronto, Ontario, February 25, 2019
  • “Secondary Patent Challenges – Pharmaceutical Life Sciences,” (panelist) Federal Circuit Bar Association Global Series, Ottawa, Ontario, October 11, 2018
  • "Canada: Certificates of Supplementary Protection," (speaker) IAM Pharma and Biotech IP Summit, London, England, February 8, 2018
  • "Changes to the Canadian Patent and Regulatory Landscape," (speaker) C5 Life Sciences IP Summit 2017, Munich, Germany, October 2017
  • "Recent and Upcoming Changes in the Canadian IP Landscape," Toronto Intellectual Property Group, Toronto, January 2015
  • "Managing Mankind's Inheritance Resources: The Canadian Patent Perspective," Ministry of Science and Technology of the People's Republic of China, Consulate of the People's Republic of China, Toronto, November 2009
  • "Impact of Recent Developments on Life Cycle Management" (co-presenters: Sheldon Hamilton and Daphne Lainson), Smart & Biggar's Pharma Patents 2008, Mississauga, ON, November 2008
  • "Keeping Current in International Patent Practice Webinar Series: Current Issues in Canadian Patent Law & Practice," American University, Washington College of Law, Washington, DC, November 2008
  • "Canadian Pharmaceutical Patent Prosecution Strategies in View of Recent Jurisprudence" (co-presenter: Daphne Lainson), Smart & Biggar's Pharma Patents 2007, Mississauga, ON, November 2007
  • "Canadian and U.S./Foreign Patent Office Practice" (co-presenter: Yoon Kang), Smart & Biggar's Pharma Patents 2006, Mississauga, ON, November 2006
  • "Technology Transfer and Commercializing IP in the Life Sciences," Insight Information Conference, Ottawa, January 2004 and Toronto, December 2004

Memberships

  • Past President, Intellectual Property Institute of Canada; past Vice President and Secretary; past Chair of the Biotechnology Patents Committee
  • Member, American Intellectual Property Law Association
  • Member, International Association for the Protection of Intellectual Property (AIPPI)

Teaching Activities

  • Patent Law, Queen's University Faculty of Law, Kingston, ON, 2010
  • Patent Law, Queen's University Faculty of Law, Kingston, ON, 2009
  • Intellectual Property & Technology Law for Engineers, University of Ottawa, 2007
  • Intellectual Property & Technology Law for Engineers, University of Ottawa, 2006
  • Intellectual Property & Technology Law for Engineers, University of Ottawa, 2005

Interviews

Publications

  • "Canada develops its national intellectual property strategy" (co-author: Walter Chan), Managing Intellectual Property America IP Focus 2019, September 23, 2019
  • "How do changes to Canada'a IP law affect European right holders?" (co-author: Philip Lapin), Managing Intellectual Property, April 24, 2018
  • “Understanding the impact of Canada’s IP law reform” (co-author:Kendra Cann), Managing Intellectual Property, September 2016
  • "From antibodies to X-rays: an overview of patent eligibility in Canada" (co-author: Sanro Zlobec), Managing Intellectual Property, August 25, 2015
  • "Patent Law Update" (co-author: Jeffrey Coles), Managing Intellectual Property, September 2012
  • "Building blocks to green patent specifications" (co-author: Glen Kurokawa), Intellectual Property Magazine, October 2011
  • "The Patentability of Pharmaceutical Dosage Regimes in Canada" (co-author: Gunars A. Gaikis), 26 Canadian Intellectual Property Review 2, 2011
  • "Canadian SEBs: Not the same generic rights," Intellectual Property Magazine, August 2010
  • "Canada Paves the Way for Subsequent Entry Biologics" (co-author: Daphne Lainson), Pharmaceutical Law Insight, May 2009
  • "On closer examination: examining re-examination" (co-author: Christopher Thompson), Patent World, November 2008
  • "Later Stage Stem Cells Patentable," The Lawyers Weekly, March 2, 2007
  • "Recent Developments in Biotechnology" (co-author Daphne Lainson), The 2007 LEXPERT/ALM Guide to the Leading 500 Lawyers in Canada, January 2007, pp. 164-167
  • "Unique IP Issues in Canada's Pharmaceutical and Biotechnology Industry" (co-authors: Gunars Gaikis and Daphne Lainson), The 2006 LEXPERT Guide to the Top 100 Industry Specialists in Canada, October 2006, pp. 125-129