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
-
Tekna Plasma Systems Inc v AP&C Advanced Powders & Coatings Inc
2024 FC 871Smart & Biggar successfully represented Tekna Plasma Systems (Tekna), the plaintiff in this action.Read More -
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
Unparalleled Expertise in Patents
-
Legal Media Group
Canadian Patent Strategy Firm of the Year
2013, 2014, 2018, 2021, 2023 & 2024LMG Life Sciences Awards -
Lexpert
IP Boutique Firm of the Year
2020-2024Canadian Law Awards -
Euromoney LMG
Canada Firm of the Year
2021-2024Women in Business Law Americas Awards -
Euromoney LMG
Career Development North America Firm of the Year
2022-2024Women in Business Law Americas Awards -
Euromoney LMG
Work-Life Balance North America Firm of the Year
2023-2024Women in Business Law Americas Awards -
IAM
Highly Recommended Firm for Patent Transactions
2023-2024IAM Patent 1000 - The World’s Leading Patent Professionals -
IAM
Gold Band Firm for Patent Prosecution & Litigation
2013-2024IAM Patent 1000 - The World’s Leading Patent Professionals -
Chambers & Partners
Seven IP leaders
2012 & 2024Chambers Global – The World’s Leading Lawyers for Business -
MIP
Canadian Patent Prosecution Firm of the Year
2019 & 2021-2024Managing IP Americas Awards -
MIP
Canadian IP Boutique Firm of the Year
2011, 2012, 2014, 2016, 2018, 2020-2022, 2024Managing IP Americas Awards
Related Publications & Articles
-
Protecting trade secrets and confidential business information in Canada
This article explains how trade secrets and confidential business information are understood and protected in Canada, and offers businesses operating in Canada a selection of best practice insights fo...Read More -
CIPO expected to resume patent granting on August 20
According to CIPO’s updated roadmap, patent granting should resume on August 20, 2024.Read More -
CIPO will not issue patents on July 9 or July 16
The Canadian Intellectual Property Office (CIPO) will be launching a new online portal for patent services, MyCIPO Patents, on July 15, 2024.Read More -
Proposed regulations for Canada’s new Patent Term Adjustment (PTA) system: few patents will qualify for PTA
This article summarizes the proposed PTA system on the expectation that the proposed regulations will come into force without substantive amendment, as legislation is rarely changed substantially at t...Read More -
Celebrating World IP Day 2024
For World IP Day 2024, we asked three of our practitioners three questions, all related to the World Intellectual Property Association’s 2024 theme of IP and the SDGs: Building our common future with ...Read More -
Ghost in the machine: AI and patent protection
While there are arguments available that the current legal framework in Canada precludes the possibility of patenting AI-generated inventions (i.e., without any human input), it remains to be seen how...Read More -
AI-assisted inventions: USPTO’s most recent guidance for determining inventorship
This article highlights key points of the USPTO’s latest guidance on AI-assisted inventions and presents suggestions for increasing the likelihood that patent protection could be sought on such invent...Read More -
Canadian Patent Law 2023: A Year in Review
In our annual review of developments in Canadian patent law, we considered over 60 patent decisions reported last year. This article highlights statutory changes and a selection of interesting points ...Read More
Related News & Media
-
Smart & Biggar boasts 21 lawyers and agents recognized as leaders for IP in Who’s Who Legal: Canada Guide 2023
Smart & Biggar is proud to be featured as a leader in IP in the recent edition of Who’s Who Legal (WWL) Canada Guide 2023. In total, 21 of our lawyers and patent agents have been recognized across...Read More -
Smart & Biggar celebrates International Day of Women in Engineering 2023
Today marks the International Day of Women in Engineering and to celebrate we asked Smart & Biggar Principal, Brigide Mattar, what led her to pursue a career in engineering and IP, and what advice...Read More -
Smart & Biggar named Canada’s leading intellectual property litigation firm for the ninth consecutive year at the Benchmark Litigation Canada Awards 2023
Smart & Biggar is proud to be named ‘Intellectual Property Litigation Firm of the Year’ at the 2023 Benchmark Litigation Canada Awards. Principals of the firm, Ryan T. Evans and Urszula Wojtyra, w...Read More -
Six Smart & Biggar patent agents and lawyers recognized as IAM Global Leaders 2023
Smart & Biggar is proud to announce that six of our patent agents and lawyers, more than any other firm in Canada, have been recognized as IAM Global Leaders 2023, for the 3rd consecutive year.Read More -
Smart & Biggar boasts 16 lawyers and agents recognized as leaders for IP in Who’s Who Legal: Canada Guide 2022
Smart & Biggar is proud to be featured once again as a leader in IP in the recent edition of Who’s Who Legal (WWL) Canada Guide 2022. In total, 16 of our lawyers and patent agents have been recogn...Read More -
Smart & Biggar ranked #1 again for Intellectual Property in The Legal 500 Canada, 2023 edition
Smart & Biggar is pleased to share the firm’s ongoing recognition as a ‘Top Tier’ firm for Intellectual Property in the latest edition of The Legal 500 Canada, for the ninth consecutive year.Read More -
Smart & Biggar boasts ten lawyers and agents recognized in the 2022 edition of Expert Guides: Rising Stars
Smart & Biggar is proud to share that ten of the firm’s lawyers and agents have been recognized as future IP leaders in the 2022 edition of Expert Guides: Rising Stars. Listed among Canada’s brigh...Read More -
Smart & Biggar partners recognized in the 2022 edition of IAM Strategy 300: The World’s Leading IP Strategists
Smart & Biggar is proud to share that Ottawa partner and Chair of the firm Daphne Lainson and Montréal partner Sanjay Goorachurn have been recognized once again in the 2022 edition of IAM Strategy...Read More