Creating business value and protecting innovation for the world’s leading companies
For many companies, a high-quality patent portfolio is their most important asset, strengthening their revenues and reputation.
To safeguard these valuable assets, market-leading companies from around the world turn to our expert patent lawyers and agents who specialize in the strategic development and management of patent portfolios and rights in Canada.
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 clients include inventors, entrepreneurs or companies in private and public enterprise who trust us for our sophisticated legal and patent counsel. We also work collaboratively with international law firms and associate agents as their representatives for patent filing and prosecution in Canada.
Building strong IP portfolios to last
Our clients look to us to help them create intellectual property assets and strategic IP portfolios that deliver lasting business value. Patent rules and standards for patentability in Canada are aligned with many international treaties, but there are nuances and subtle differences that our team understands through our deep experience. The global patent field is also constantly changing, and the standards for non-obviousness and patent-eligible subject matter and requirements for patentability, such as sufficiency, utility and inequitable conduct, are fluid. We understand the challenges and how to overcome them, and help our clients devise strategies to protect inventions over the long term, with portfolios of valid and enforceable patents in Canada, and around the world.
Unmatched technical expertise
The patent team at Smart & Biggar has technical depth and expertise in patent drafting and procurement in Canada that is unmatched. We manage portfolios across a wide range of client industries, technologies and science disciplines, including computer science, electronics, semiconductors, life sciences and pharmaceuticals, biotechnology, medical devices, aerospace, consumer products and telecommunications.
Our lawyers and patent agents are consistently recognized as industry leaders and trusted business partners, and are sought after for their hands-on experience working as in-house IP managers and strategic consultants for internationally recognized R&D based companies. We are also a dominant force in patent enforcement and litigation, and routinely handle Canada’s most commercially important and technically complex intellectual property cases.
Our services include:
- Prior art searching
- Performing patent audits
- Patent validity and infringement opinions
- Right to use and “freedom to operate” opinions
- Canadian patent application preparation and filing
- Filing and prosecution in the United States and throughout the world
- Patent licensing, assignment and monetization programs
- Due diligence in commercial transactions
- Patent litigation and enforcement
Key Contacts
Client Success
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Nova Chemicals Corporation v The Dow Chemical Company et al
2020 FCA 141Successfully represented Dow Chemical before the Federal Court of Appeal, affirming the largest reported Canadian patent infringement award in history.Read More -
C. Steven Sikes, Aquero, LLC, and Aquial, LLC v Encana Corporation, Cenovus FCCL Ltd, FCCL Partnership and Cenovus Energy Inc
T-1345-13Successfully represented the defendants Cenovus Energy and Encana Corporation in a patent infringement matter in having the action dismissed for delay.Read More -
Betser-Zilevitch v Nexen Inc
2019 FCA 230Successfully represented the respondent Nexen Inc. in having the decision of the Federal Court affirmed whereby a patent infringement matter was deemed discontinued based on a binding settlement agree...Read More -
Bauer Hockey Ltd v Sport Maska Inc dba CCM Hockey
2019 FCA 204Successfully represented Bauer Hockey Ltd. in defending a motion brought by the Defendant CCM Hockey in three related IP infringement actions to have all 3 actions dismissed for an alleged failure to ...Read More -
Bessette c Québec (Attorney General of Québec)
2019 CF 393Successfully represented Dr. Luc Bessette in this milestone patent infringement case brought against the Québec government in relation to the Québec Health Record, a system providing health profession...Read More -
Canadian National Railway Company v BNSF Railway Company
2019 FC 142Successfully represented CN in defending a motion brought by the defendant seeking a stay of the continued prosecution and issuance of certain of CN’s patent applications before the Canadian Patent Of...Read More -
Badawy v 1038482 Alberta Ltd et al
2018 FC 807Successfully represented the defendant Schneider Electric in having a patent infringement action struck out at the pleadings stageRead More -
Betser-Zilevitch v Nexen Inc
2018 FC 735Successfully represented the defendant Nexen Inc. in a patent infringement matter in having the matter deemed discontinued based on a binding settlement agreement as between the parties.Read More
Unparalleled Expertise in Patents
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MIP
11 IP Stars in Patent Law
2021-2022IP Stars: Patents -
Canadian Lawyer
One of the Top 10 IP Boutiques in Canada
2014-2023Canadian Lawyer -
MIP
Canadian Patent Prosecution Firm of the Year
2019 & 2021-2022Managing IP Americas Awards -
MIP
Canadian IP Boutique Firm of the Year
2011, 2012, 2014, 2016, 2018, 2020-2022Managing IP Americas Awards -
MIP
Canadian IP Boutique Firm of the Year(Shortlisted)
2011-2022Managing IP Americas Awards -
MIP
Canadian Patent Contentious Firm of the Year (Shortlisted)
2014-2022Managing IP Americas Awards -
Benchmark Litigation
IP Litigation Firm of the Year
2015-2022Benchmark Canada Awards -
Lexpert
Top-ranked firm for Canadian IP law
2013-2022The Canadian Legal LEXPERT® Directory -
Lexpert®-Ranked
25 lawyers in IP
2022The Canadian Legal LEXPERT® Directory -
Lexpert®-Ranked
28 Lexpert®-ranked lawyers
2022The Canadian Legal LEXPERT® Directory
Related Publications & Articles
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Merck’s JANUVIA crystalline monohydrate DHP salt patent found valid
In a patent infringement action brought under subsection 6(1) of the Patented Medicines (Notice of Compliance) Regulations, in relation to sitagliptin phosphate monohydrate (Merck’s JANUVIA), Justice ...Read More -
Angelcare and Playtex take out the trash: Diaper Genie patents are valid and infringed by Munchkin
The Federal Court's comprehensive decision covered a lot of ground on various infringement and invalidity principles, providing clarity for patent owners in the competitive consumer products space. Th...Read More -
Federal Court finds formulation patent relating to ACTONEL DR valid but not infringed
The Federal Court issued its public reasons for judgment in a patent infringement action pursuant to subsection 6(1) of the Patented Medicines (Notice of Compliance) Regulations relating to risedronat...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 -
Federal Court of Appeal upholds validity of glatiramer acetate patent
The Federal Court of Appeal dismissed an appeal by Pharmascience from a decision of the Federal Court which found Canadian Patent No. 2,760,802 (802 Patent) valid and infringed by Pharmascience’s prop...Read More -
Court permits amendment of patent record to remove inventors and co-owner
In H. Lundbeck v Canada (Commissioner of Patents), 2021 FC 1394, the Court granted an application to amend a patent record to remove inventors and a co-owner.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 -
Fact or fiction? Debunking patent myths for business and technology leaders
In this article we will address five common myths about patents to help business leaders and managers better separate fact from fiction and make informed decisions to protect investments made in innov...Read More
Related News & Media
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Smart & Biggar ranks ‘Top Tier’ with 18 ‘IP Stars’ and 10 ‘Notable Practitioners’ named in the 2022 Managing Intellectual Property guide
Smart & Biggar is proud to share that 18 partners have been listed as ‘IP Stars’ in the 2022 edition of the Managing Intellectual Property (MIP) guide. In addition to this, 10 of our trademark and...Read More -
Smart & Biggar tops the shortlist in Canada with seven LMG ‘Women in Business Law’ awards in 2022
Smart & Biggar is pleased to share that we have been shortlisted in seven categories for this year’s LMG Women in Business Law Awards – Americas 2022.Read More -
Smart & Biggar welcomes Monique Henson to our Patents group
Smart & Biggar is pleased to welcome Monique Henson to our growing patents team. Monique joins the firm as a Technical Consultant, with a practice focused on patent drafting and prosecution and wi...Read More -
Smart & Biggar leads again with four lawyers recognized in Who’s Who Legal: Thought Leaders Global Elite 2022
Smart & Biggar is proud to announce that four lawyers have been recognized in Who’s Who Legal: Thought Leaders Global Elite 2022 edition for IP – more than any firm in Canada.Read More -
IAM Strategy 300 recognizes IP leaders Sanjay Goorachurn and Daphne Lainson in 2022 edition
Smart & Biggar is pleased to share that our partner Sanjay Goorachurn, of Montréal, and Firm Chair Daphne Lainson, of Ottawa, are honoured once again in the IAM Strategy 300 Global Leaders guide.Read More -
Smart & Biggar stands out as Canada’s leader for IP with eight partners recognized in the 2022 edition of Lexpert/ALM 500
Smart & Biggar is proud to share that eight partners have been recognized among Canada’s leading lawyers for intellectual property (IP) in the 2022 edition of The Lexpert/American Lawyer Guide to ...Read More -
Smart & Biggar sees five patent agents and lawyers recognized as IAM Global Leaders 2022
Smart & Biggar is pleased to share that five of our patent agents and lawyers, more than any other firm in Canada, have been recognized as IAM Global Leaders 2022, for the 2nd consecutive year. Co...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