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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MIP
Canadian Patent Prosecution Firm of the Year (Shortlisted)
2014-2020Managing IP Americas Awards -
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 -
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
14 leading patent practitioners
2019Who's Who Legal: Patents -
MIP
Canadian Patent Prosecution Firm of the Year
2019Managing IP Americas Awards
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 -
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 Agent...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 earns Managing Intellectual Property's highest ranking in all practice areas in 2020
Smart & Biggar is proud to share that we are the only exclusively Canadian firm to be recognized as a Tier 1 firm in all practice areas (trademark contentious, trademark prosecution, patent contentiou...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