Canada’s Intellectual Property Law Firm

Elliott Simcoe

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Elliott Simcoe

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

Diverse client experience, efficient procurement, and high-quality IP advice and counsel

Elliott has over two decades of wide-ranging experience in intellectual property law working with top-tier, blue chip companies and mid-size companies in high-growth industries. Understanding what his clients have on the line, and a commitment to their commercial success, drives him to ensure a highly precise, ‘no-surprises’ approach to the management of their IP portfolios, from prosecution to enforcement.

Both domestic and international companies — a significant number in the US — trust Elliott to manage and protect their IP in Canada and around the world, and provide strategic counsel to maximize opportunities that others may simply overlook.

Exceptional expertise in electrical, computer and software related patents, across industries

Elliott’s practice centers heavily on protecting and leveraging rights for technologies and innovations in electrical and computer related fields, including software and AI. He works with clients across industries to help them protect their innovations and apply his technical experience. This includes preparing and prosecuting patent applications in Canada, and managing the filing and prosecuting of patent applications worldwide. He is also regularly involved with matters relating to patent litigation, Canadian trademark drafting and prosecution, and copyrights, bringing significant expertise in domain name matters, including acquisition and licensing to the table.

While the majority of Elliott's work is conducted for clients based in Canada and the United States, he also provides frequent assistance to clients of associate firms in the United States and Europe on matters related to procuring intellectual property protection in Canada.

He also serves as practice group leader for Patents, Electrical & Mechanical.

Recognized by clients and peers alike as a leader for IP in Canada

Elliott is honoured to have been listed in several Canadian and international directories and rankings as a leading lawyer for intellectual property.  He has been recognized as an “IP Star” for Patents and Trademarks by Managing Intellectual Property, for Patents by Euromoney Expert Guides and Who’s Who Legal, for IP by Best Lawyers in Canada, Lexpert, and Acritas.

Qualifications

  • News
  • Speaking
  • Industry Involvement
  • In the Media
  • "Robot Lawyers and IP Legal Automation Trends” (panelist), World Intellectual Property Forum, Taipei, Taiwan, November 2019
  • "Protecting Your Software Inventions in a SaaS World", Tech Tuesday, Wesley Clover, November 2015
  • "Video Games and Protecting Your Valuable Intellectual Property – Why it's not Just a Game", at the International Game Conference, Ottawa, May 2015
  • "Dot com and other dots: choosing top level domains for domain name registration strategies" (moderator), panel discussion at the International Trademark Association's Annual General Meeting, Berlin, Germany, May 2008
  • "Regulators and Policy Considerations, Challenges and Realities of Business Method Patents," Patentability of Business Methods Invitational Forum, Alton, ON, April 2008
  • "Controlling Your IP in a Borderless Electronic World" (moderator), panel discussion at the Canadian Corporate Counsel Association’s National Spring Meeting, Ottawa, April 2006

Memberships

  • Fellow, Intellectual Property Institute of Canada
  • Member, International Trademark Association; formerly, member of the Online Reference Committee
  • Member, Canadian Intellectual Property Office Committee of Intellectual Property Experts (Trademarks and Domain Names)
  • "Round in circles: The regulation of copyright and new media in Canada," Copyright World, March 2006