Canada’s Intellectual Property Firm

Matthew Zischka

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Matthew Zischka

Managing Director
  • Smart & Biggar LP | Smart & Biggar LLP
Language(s): English | French | German

Leading the country’s preeminent IP firm

Matt is the Managing Director of Smart & Biggar, where he leads Canada’s premiere IP firm, with over 180 professionals and with offices in Toronto, Ottawa, Montréal, Vancouver, Calgary and Waterloo Region.

Strategic and consensus-driven leadership backed by more than two decades of IP law experience

Matt was appointed to his role following more than 25 years with the firm. Previously, Matt held key firm leadership positions, serving as both a member and Chair of the Executive Committee, head of the Toronto Electrical Engineering & Mechanical patents and design team, and as a member of the Business Development Committee.

As Managing Director, Matt is responsible for the strategic direction of the firm and its day-to-day operations, including oversight of its leadership team. Matt is passionate about excellent client service, transparency, employee engagement, mentoring the future generation of firm leaders, and supporting the larger community outside the firm.

Decades of internationally lauded strategic IP counsel

As a seasoned lawyer, Matt has guided his clients through complex IP challenges - providing legal advice in transactions, licensing, interpretation of commercial agreements, and in establishing intellectual property policies, as well as providing litigation support.

As an engineer and patent agent, Matt has specialized expertise advising public and private companies in patent matters in the electrical, software, electronics, cloud, mobile, mechanical, and medical device fields, and in emerging technologies such as AI, cryptography and Fintech.

An expert ambassador for IP law

Matt often lectures on intellectual property law topics and is consistently recognized as an expert in Canadian Intellectual Property Law and patent law in numerous national and international surveys.

He receives extensive praise from clients and colleagues, noting he’s a “great ambassador for the profession.” Matt is known for his vision, technical knowledge and understanding of the latest industry changes. As clients have commented: “You can go to him with the most puzzling questions and can refer work to him with total trust” (IAM Patents 1000, 2017).

Matt has been involved in leadership roles across the industry, including at IPIC, AIPPI and the AIPLA. He has been the Chair of the IPIC Patent Practice Committee; the Director of the IPIC-McGill Summer Patents Course; and a sessional instructor of patent law and policy at one of Canada’s leading law schools. He is currently Secretary and Treasurer of AIPPI Canada.

Qualifications

  • News
  • Speaking
  • Industry Involvement
  • In the Media
  • "Patent Agent Training Course: Infringement & Validity", Intellectual Property Institute of Canada (IPIC), February 5 - April 11, 2025
  • "Developments in Patent Law Harmonization", AIPPI Canada event, February 20, 2025
  • "The Future of IP in Canada — The Northern Innovation Wave in America" (with Daphne Lainson and Mark Evans), Mondaq Webinar - Canada Future Series, May 27, 2021
  • “The Future of the IP Boutique — Adapting Your Firm for a New Era of Innovation” (panelist), Canadian Law Awards, May 20, 2021 
  • "IP Basics & Beyond" (panelist), Association for Corporate Counsel-Ontario, May 28, 2019
  • "Get Ready, Get Set: Canadian Patent Law Reform Has Arrived" (with Daphne Lainson), Webinar, February 7, 2019
  • “Computer implemented inventions: patent eligibility in Canada”, AIPPI US Global Educational Forum, July 2017
  • "IP Litigation: A View From the Federal Court of Canada" (moderator), AIPLA Electronic and Computer Patent Law Summit, June 2017
  • “Bill C-30 – Amending the Patent Act to Implement CETA”, International Association for the Protection of Intellectual Property (AIPPI)’s Canada’s Annual Meeting, November 2016
  • "An IP strategy for global business", CPDonline’s inaugural Business Law and Legal Issues Facing Finance Professionals Conference, May 2016
  • "Bill C-43: Understanding changes to the Patent Act and your practice", Toronto Intellectual Property Group, Toronto, March 2015
  • "Business Method Patents: Coming of Age", organized by LEXPERT Magazine, November 2012
  • "Effective Intellectual Property Management for the Non-IP Specialist,"  (panelist), Canadian Corporate Counsel Association, February 2011
  • "Human Autonomy, Law and Technology: A Virtual Conference in Honour of the Late Professor Emeritus Hugh Lawford" (Online seminar), Queen’s University, March 2010
  • "Watch Out! Compulsory Licensing Lurks Around Global Corners", AIPLA Mid-winter Meeting, January 2009
  • "Watch Out! Compulsory Licensing Lurks Around Global Corners (The View From Canada)", American Intellectual Property Law Association Mid-winter Meeting, 2009
  • "A Primer on Intellectual Property", Canadian Bar Association – Online Continuing Legal Education Program, December 2007
  • "International Developments in Pharma Patents", The Canadian Institute’s 6th Annual Forum on Pharma Patents, October 2007
  • "Foreign Perspectives on the Patent-Trade Secret Interface: The Canadian Example", American Intellectual Property Law Association Spring Meeting, May 2004

Memberships

  • Member, International Association for the Protection of Intellectual Property (AIPPI);
  • Executive Council Member, AIPPI Canada
  • Fellow, Intellectual Property Institute of Canada; Chair of the Patent Legislation Committee, past member of the International Patent Issues Committee, past member of the Patent Agent Examination Board (2003-2005)
  • Member, American Intellectual Property Law Association
  • Member, Institute of Electrical and Electronics Engineers

Teaching Activities

  • "Patent Agent Training Course: Infringement & Validity", Intellectual Property Institute of Canada (IPIC), February-April, 2025
  • Sessional instructor, Queen's University Faculty of Law, Kingston, ON, 2007 – 2010
  • "Patent Law", Fall 2009, 2010
  • "Advanced Patent Law and Policy", Winter 2007, 2008
  • Instructor - "Advanced Patent Agents Training Course – Infringement & Validity", Intellectual Property Institute of Canada, Toronto, 2009-2017
  • Lecturer and Tutor - "Understanding Patents", IPIC-McGill Summer Program, Montreal, 2001 through 2017 (course director – 2003)

Interviews

Publications

  • "How the Amazon ruling affected business-method patents" (co-author: Colin B. Ingram), Managing Intellectual Property, September 2013
  • "Patentability and Patent Claims, An Introduction to Claims Drafting," IPIC-McGill Summer Program course material, 2003 – 2010