Smart & Biggar is Canada’s largest firm practising exclusively in intellectual property and technology law. We work with global and domestic businesses and law firms, to help our clients secure, protect and maximize the value of their innovations and intellectual property investments in Canada. We serve many of the world’s leading organizations representing a broad spectrum of industries.

Consistently recognized as the leading Canadian IP firm by a wide range of third party domestic and international rankings, we have history that spans over 100 years providing the world’s leading brands with sophisticated and creative IP solutions.

We serve many of the world’s leading organizations representing a broad spectrum of industries. Our focus on value includes:

• Client Service Delivery Excellence – With an international reputation for client service excellence, we leverage sophisticated project management and back office systems to manage our clients’ matters, and constantly seek new ways to streamline and increase the efficiency and value of our service offering.

• Specialized Expertise – With one of the largest IP teams in Canada, we offer our clients experience in the combined scientific, technical and legal fields, along with highly specialized industry sector knowledge.

• Litigation Powerhouse – Highly effective litigators who dominate courtrooms at all levels including the Supreme Court of Canada, on commercially important and technically complex matters, generating precedent setting victories and record setting damages awards for our clients.

• Technical Strength - Virtually every member of our firm has an engineering or scientific educational background, and many possess graduate degrees in a diverse range of areas. Over 55 members of our firm, including most of our lawyers, are registered patent agents.

• History of Partnering – We carefully nurture long-term relationships with clients and expert associate firms around the world. These relationships endure because we consistently seek out opportunities to continuously add value and deliver superior client service.

From five offices across Canada, and through a worldwide network of associate firms, we offer the full complement of intellectual property services, across all practice areas:

Patents & Designs: We draw on the unparalleled technical knowledge and expertise of our professionals in evaluating new innovations, reviewing the scope of protection and developing strong and enforceable patents and designs throughout the world. From procurement to enforcement we work closely with our clients to develop customised patent and design protection strategies that provide a powerful competitive advantage.

Trademarks: With a deep tradition of leadership in trademark protection, licensing and enforcement, we are sought after by the owners of the world’s most valuable brands.  From publishing Canada’s first text on trademarks and registering Canada’s first sound-mark, to obtaining precedent-setting damages against counterfeiters, to being successful counsel in many of Canada’s most important trademark decisions.

Litigation: A dominant force in intellectual property litigation, we are recognized as Canada’s leading IP litigation firm. We offer clients a team of highly effective and efficient litigators and no other Canadian firm can claim a more distinguished and successful record. Our firm routinely handles Canada’s most commercially important and technically complex intellectual property cases. Many of our victories on behalf of our clients are Canadian precedents, and we have represented clients in the Supreme Court of Canada on more than 50 occasions.

Pharmaceutical Litigation: Our group is at the forefront of many of the most important judicial decisions relating to pharmaceutical innovation, and works closely with our Life Sciences patent team throughout a product lifecycle in order to maximize protection. We have been involved in representing patentees against subsequent entrants in more than 200 proceedings under the Patented Medicines (Notice of Compliance) Regulations, as well as representing innovators in patent infringement and impeachment actions. 

Licensing & IP Transactions: Our IP licensing and transactional lawyers advise, structure and negotiate a wide variety of domestic and international M&A, IPOs, financing and technology licensing deals and other intellectual property-related transactions. With extensive experience in developing and managing successful revenue-generating licensing programs as we combine business know-how with sophisticated legal and technical expertise.

IP Management & Strategic Counselling: One of the firm’s core strengths is proven expertise advising and counselling clients on the development and management of a valuable IP portfolio and strategy. Our team includes professionals with real-world experience working as in-house intellectual property managers, counsel and strategic consultants for internationally recognized companies, who work closely with clients to perform strategic IP and technology audits, identify risks and significant opportunities, and advise clients on the best course of action to leverage their rights.

Life Sciences: Our Life Sciences practice is one of the leading and most experienced teams in Canada for lifecycle management.  We are experts in patent prosecution, as well as related due diligence, IP transactions and licensing, litigation and regulatory issues. The firm works with a variety of clients in Canada and internationally to develop intellectual property strategies from procurement to enforcement to licensing of innovations. We offer our clients technical expertise – with all of our professionals having a scientific education and experience in areas such as biology, physiology, molecular cell and micro biology, immunology, biochemistry, developmental genetics, pharmacy, and across the chemical field, and with biotechnology in industrial applications.

Regulatory & Compliance: Part of our Life Sciences practice, we have extensive experience understanding and managing issues that arise at the patent-regulatory interface. The group advises and counsels on issues arising under the Patented Medicines (Notice of Compliance) Regulations, such as patent listing; data protection under the Food and Drugs Act and related regulations; and pricing and jurisdictional issues before the Patented Medicine Prices Review Board.

Copyright & Media: This group provides comprehensive expertise in all aspects of copyright law, whether obtaining protection within traditional artistic fields or identifying and defending cutting-edge issues related to rapidly changing advances in areas such as high tech, software, broadcasting, new media and the internet.

IP Crime: From actively contributing to improvement in Canada’s anti-counterfeiting and anti-piracy laws, policies and environment, to obtaining precedent-setting damages and restitution orders against counterfeiters, our anti-counterfeiting group provides efficient and expert advice and service to cost effectively protect intellectual property rights holders against IP crime.