Driven by real-world commercial objectives
Sage patent counsel and opinions, backed by deep technical and legal experience.
We provide strategic counsel on how to move forward with the decision to secure patent rights, and help our clients understand when they may be at risk of infringing on existing patents.
Our lawyers and patent agents draw on their technical and legal expertise to provide opinions on patentability of an idea or invention, patent validity and enforceability for a single patent or product or an entire portfolio of patents.
Combined with our strength and experience representing clients in patent litigation matters, we are able to provide a clear and concise view of the potential risks and returns involved with pursuing or defending claims of patent infringement.
Canada’s leader for Patents
Smart & Biggar is widely recognized as Canada's leading patent firm and we are proud to serve as strategic IP partners to some of the world’s largest and most innovative companies. With our recognized strength and reputation for superior service, we have prepared and filed more patent applications than any other firm in Canada.
Our extensive experience working with international clients and collaboratively with law firms in the U.S., Europe and Asia allow us to provide clients with a view on related global patentability issues.
Services we provide in this area:
- Prior art searches
- Product clearance
- Right to use and “freedom to operate” opinions
- Patent validity and infringement opinions
- Responses to allegations of patent infringement
- Patent licensing, assignment and monetization programs
- Opinions on use of Standard Essential Patents (SEPs)
Key Contacts
Unparalleled Expertise in Patent Counselling, Opinions, & Advice
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MIP
Tier One Firm for Patent Law
2014-2020IP Stars Handbook: Patents -
IAM
11 leading patent practitioners
2020IAM Patent 1000 - The World’s Leading Patent Professionals -
IAM
Gold Band Firm
2013-2020IAM Patent 1000 - The World’s Leading Patent Professionals -
Who's Who Legal
12 leading patent practitioners
2020Who's Who Legal: Patents -
Who's Who Legal
Five Life Sciences leaders
2020Who's Who Legal: Life Sciences -
IAM & WTR
Canadian Patent Firm of the Year
2020Global IP Awards -
IAM
Five Global Patent Leaders
2020IAM Global Leaders -
MIP
12 IP Stars in Patent Law
2019IP Stars Handbook: Patents -
Who's Who Legal
Five Life Sciences leaders
2019Who's Who Legal: Life Sciences -
Who's Who Legal
14 leading patent practitioners
2019Who's Who Legal: Patents
Related Publications & Articles
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Allowance of Choueifaty patent application provides insight into CIPO's future approach to patentable subject matter
In an apparent conclusion to the patent at the heart of the Federal Court of Canada’s decision in Yves Choueifaty v Attorney General of Canada, 2020 FC 837 [Choueifaty], Canadian patent application no...Read More -
Canadian Patent Law 2020: A Year in Review
2020 was an unusual year by all accounts. In this article we take a look back at developments in Canadian patent law in the past year.Read More -
Protecting innovations through patent due diligence and FTO analysis
There are many different types of Freedom To Operate (FTO) analyses, and the type performed can vary depending on a company’s tolerance for unknown risk, key business goals and priorities and budget.Read More -
CIPO's new guidelines on patentable subject matter explained
The Canadian Intellectual Property Office (CIPO) released new guidelines on patentable subject matter and a set of examples applying the new guidelines to computer-implemented inventions, medical diag...Read More -
Late PCT national phase entry in Canada as of right will soon come to an end
A significant change concerns the deadline for entering the Canadian national phase of a Patent Cooperation Treaty (PCT) application.Read More -
Federal Court rejects "problem-solution approach" opening the field for computer-implemented inventions
In a significant decision released August 21, 2020, Choueifaty v Canada (Attorney General), 2020 FC 837 [Choueifaty], Canada's Federal Court rejected the CIPO's approach to examining computer-implemen...Read More -
Double Patenting: A comparative guide between U.S. & Canadian practice
Double patenting has become a common challenge to patent validity in Canada since the decision rendered by the Supreme Court of Canada in Whirlpool Corp. v Camco Inc in 2000.Read More -
Three key differences between U.S. and Canadian patent law that can affect patent filing strategies in Canada
Though there are many similarities between U.S. and Canadian patent law, significant differences can affect the key decision of whether to file in Canada.Read More
Related News & Media
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Smart & Biggar tops the list with 5 patent professionals recognized as 2021 IAM Global Leaders
Smart & Biggar is pleased to share that five patent practitioners have been recognized as IAM Global Leaders, more than any other firm in Canada.Read More -
Sanjay Goorachurn and Daphne Lainson included in the 2020 edition of IAM Strategy 300: The World's Leading IP Strategists
Smart & Biggar is pleased to share that Montreal partner Sanjay Goorachurn, and Ottawa partner and Chair of the firm Daphne Lainson, are recognized in IAM Strategy 300: The World’s Leading IP Strategi...Read More -
Smart & Biggar welcomes Natalie Galley as a new associate in Montreal
Smart & Biggar, Canada’s leading firm for intellectual property law and agency services, is pleased to share that Natalie Galley has joined our Montreal patent practice as a new associate.Read More -
Smart & Biggar hailed as a Tier 1 firm for patent contentious and prosecution matters in MIP IP Stars 2020 patent rankings
Smart & Biggar is pleased to share that the firm maintains its Tier 1 ranking for both Patent Contentious and Patent Prosecution categories in Managing Intellectual Property’s (MIP) IP Stars, 2020 edi...Read More -
Smart & Biggar leads the field in Canada as a "gold-standard firm" that "lives up to its name" with sixteen leading lawyers and agents in the 2020 IAM Patent 1000
Smart & Biggar is pleased to be recognized once again as a gold tier firm in Canada for patent prosecution and litigation, and to be ‘recommended’ for patent transactions in the 2020 IAM Patent 1000: ...Read More -
Yoon Kang named in the 'Top 250 Women in IP' by Managing Intellectual Property
Smart & Biggar is pleased to share that partner Yoon Kang has been featured among the top female IP lawyers in the world in MIP ‘Top 250 Women in IP'.Read More -
Smart & Biggar leads the field for patents in Canada in 2020 Who’s Who Legal: Patents
Smart & Biggar is pleased to share that twelve of our partners have been listed among Canada’s top patent agents and lawyers in the recently released Who’s Who Legal: Patents 2020 guide – more than an...Read More -
14 Smart & Biggar practitioners recognized in the 2020 edition of WIPR Leaders
Smart & Biggar is pleased to share that fourteen of the firm’s lawyers and agents have been recognized in the 2020 World IP Review (WIPR) Leaders, a comprehensive guide to the top intellectual propert...Read More