Create patent rights. Safeguard innovation
Expert drafting is at the core of every successful patent.
A large part of successfully patenting an idea or invention is the strength of the written patent description and specifications, and alignment with business goals and objectives. With a deep understanding of our clients’ needs, deep technical expertise, and extensive patent drafting and procurement experience, our lawyers and patent agents focus simultaneously on the big picture and the details to ensure that all patent applications are meticulously drafted and prepared.
From patent drafting and filing to patent prosecution and enforcement, we manage every step of the process for our clients with clear purpose, focused precision and care.
The team at Smart & Biggar apply their expert knowledge and experience, carefully reviewing all prior art and working proactively with local examiners to ensure that rights are effectively defended and protected in Canada. We routinely handle patent prosecution in Canada for applications that have been filed first in another jurisdiction, managing every step in the process on behalf of clients, and in collaboration with international law firms and agents.
Unmatched patent experience and technical expertise
Smart & Biggar has the largest patent practice in Canada, filing and prosecuting more IP applications than any other firm. Our lawyers and patent agents are consistently recognized as industry leaders and trusted business partners, and are sought after for their deep technical expertise and vast experience in the field of Canadian patents.
Our clients benefit directly from our expertise across a wide range of technologies, garnered from ongoing exposure to innovations from across the broadest range of client industries, and from handling some of today’s most challenging patent issues.
Over our 125 years as patent agents, we have developed a strong reputation for quality and service, continuously investing in systems, technology and processes to manage the highest volumes of work, and to perform to rigorous service standards. We handle thousands of files working closely the Canadian Patent Office each week, and managing critical information and deadlines concerning our clients’ valuable intellectual property with ease and efficiency.
Key Contacts
Client Success
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Amazoncom, Inc v Canada (Attorney General)
2010 FC 1011Successfully represented applicant Amazon.com in leading case regarding patentable subject matter, including computer implemented inventions and business methods, in Canada.Read More -
Harvard College v Canada (Commissioner of Patents)
2001 SCC 76Represented the respondent, Harvard College, before the Supreme Court of Canada in this leading case regarding the patentability of higher life forms in Canada, and in particular the well-known ...Read More
Unparalleled Expertise in Patent Drafting & Prosecution
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IAM
Gold Band Firm
2013-2022IAM Patent 1000 - The World’s Leading Patent Professionals -
IAM
24 leading patent practitioners
2022IAM Patent 1000 - The World’s Leading Patent Professionals -
MIP
Canadian Patent Prosecution Firm of the Year
2019 & 2021-2022Managing IP Americas Awards -
Who's Who Legal
17 leading IP experts
2020-2021Who's Who Legal: Canada -
Who's Who Legal
17 leading IP experts
2021Who's Who Legal: IP -
IAM
21 leading patent practitioners
2021IAM Patent 1000 - The World’s Leading Patent Professionals -
MIP
Tier One Firm for Patent Law
2014-2021IP Stars: Patents -
MIP
Canadian Patent Prosecution Firm of the Year (Shortlisted)
2014-2022Managing IP Americas Awards -
MIP
12 IP Stars in Patent Law
2019-2020IP Stars: Patents -
IAM
16 leading patent practitioners
2020IAM Patent 1000 - The World’s Leading Patent Professionals
Related Publications & Articles
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New rules: request examination of Canadian patent applications before October 3, 2022
Patent applicants should consider requesting examination of their Canadian patent application now or before October 3, 2022 to avoid potential excess claim fees and continued examination fees under th...Read More -
Canadian Patent Law 2021: A round-up of interesting developments and court decisions
2021 saw changes in Canadian patent legislation, and a variety of court decisions addressing rarely interpreted provisions of the Patent Act, early consideration of recently enacted provisions, and ne...Read More -
New year, new patent rules for excess claim fees and continued examination in Canada
This article outlines the proposed amendments to the Patent Rules and provides applicants with guidance on possible actions they can consider taking now, to avoid potential fees under the new rules.Read More -
IP and clean technology: Tips for companies focused on resource recovery in a circular economy
As the world accelerates its transition to a low-carbon, circular economy, Canadian companies developing resource recovery models need to consider how to integrate IP protection into their overall str...Read More -
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
Related News & Media
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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 shines as a leader in IP with 17 lawyers and agents recognized in Who’s Who Legal: Canada Guide 2021
Smart & Biggar is proud to announce that 17 lawyers and agents have been honoured as leaders in IP in the recent edition of Who’s Who Legal (WWL) Canada Guide 2021. Our lawyers have been recognize...Read More -
Seven Smart & Biggar lawyers recognized as Life Sciences Stars 2021 by LMG
Smart & Biggar is pleased to announce that seven partners have been named “Life Sciences Stars” across Intellectual Property and Regulatory practice areas in the 2021 edition of the Legal Media Gr...Read More -
Smart & Biggar tops the charts in Canadian IP as Tier 1 across copyright, patents and trademarks in the 2021 Managing IP: IP Stars Guides
Smart & Biggar is pleased to share that Managing Intellectual Property (MIP) has ranked the firm as Tier 1 in all firm-wide categories in the 2021 IP Stars Guide — Copyright & related rights, ...Read More -
Smart & Biggar wins Canadian Patent Strategy Firm of the Year at the 9th annual LMG Life Sciences Awards
Smart & Biggar is proud to claim the Canadian Patent Strategy Firm of the Year award at the 9th annual LMG Life Sciences Awards for North America. This is the fourth time the firm has been honoure...Read More -
Smart & Biggar stands out with 17 leading lawyers and agents recognized in Who's Who Legal: IP 2021
Smart & Biggar is pleased to share that 17 of our practitioners are listed in the inaugural edition of Who’s Who Legal: IP as being among the world’s leading lawyers and agents in trademarks, pat...Read More -
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 -
Smart & Biggar boasts 17 lawyers and agents recognized in Who's Who Legal Canada 2020
Smart & Biggar has been honoured across all IP practice areas in the Who’s Who Legal Canada 2020 National Guide with 17 of the firm’s lawyers and agents recognized in Patent (Litigation), Patent A...Read More