Professionals

David Schwartz
Partner, Ottawa
Barrister and Solicitor,
Patent and Trademark Agent

 

CONTACT
Phone: 613.232.2486
Fax: 613.232.8440
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YEAR OF CALL
British Columbia Bar 1992
Alberta Bar 1993
Ontario Bar 2001
QUALIFICATIONS
  • University of Alberta B.Sc. Hons. (Genetics) 1987
  • University of Alberta LL.B. (Dean's Honour Roll) 1991
  • Registered Trademark Agent 1994
  • Registered Patent Agent 1997
  • Registered to practise before the United States Patent and Trademark Office
 

David Schwartz is a partner in Smart & Biggar’s Ottawa office. His practice focuses on patent law in the fields of biotechnology, pharmaceuticals, and chemistry, as well as plant breeders’ rights.

David has acted on behalf of a comprehensive range of clients, including start-ups, early-stage ventures, universities, government organizations and multinational corporations. His client activities regularly involve diverse fields such as plant biotechnology, stem cells, organic chemistry, materials science, diagnostics, pharmaceuticals, immunology, vaccines, water filtration, nutriceuticals, expression systems and assays.

He advises on regulatory matters relating to the Patented Medicines (Notice of Compliance) Regulations, data protection under the Food and Drug Regulations, and matters concerning the Patented Medicine Prices Review Board. David appears regularly in oral proceedings before the Patent Appeal Board and has handled first-to-invent conflicts under the pre-1989 Patent Act. He has testified on patent law reform before both the House of Commons Standing Committee on Industry, Science and Technology and the Senate National Finance Committee, and has lectured on patent law at Queen’s University and the University of Ottawa.

In 2013 he was named LMG Life Sciences Canadian Patent Attorney of the Year and Best Lawyers 2016 Biotechnology Law "Lawyer of the Year" in Ottawa. David is listed in The Best Lawyers in Canada, LMG Life Sciences and Managing Intellectual Property’s IP Stars Handbook: Patents. He is past-President of Intellectual Property Institute of Canada (IPIC), holds a BSc Hons (Genetics) and is a registered Patent and Trademark Agent.


Rankings and recognition

  • Named 2016 and 2018 Biotechnology Law "Lawyer of the Year" in Ottawa by Best Lawyers
  • Named 2013 Canadian Non-contentious Patent Attorney of the Year by LMG Life Sciences
  • Recognized annually since the inaugural edition in 2006 of The Best Lawyers in Canada under Biotechnology Law and Intellectual Property Law in 2018 and 2019
  • Recognized by Who’s Who Legal: Patents since 2017
  • Recognized by Who’s Who Legal: Canada under Patents since 2016
  • Recognized annually as an 'IP Star' since the inaugural edition in 2014 of Managing Intellectual Property’s IP Stars Handbook: Patents
  • Recognized annually since the inaugural Canada Chapter in 2013 of LMG Life Sciences as a 'Life Science Star' under Intellectual Property
  • Recognized in The Canadian Legal LEXPERT® Directory under Intellectual Property since 2012 and Biotechnology from 2012 to 2017
PRACTICE AREAS
Patents
Life Sciences
Pharmaceutical
Chemical & Industrial Biotechnology
IP Management & Strategic Counselling
Licensing & IP Transactions
Life Sciences — Regulatory & Compliance
Cleantech
Energy
Agricultural Sciences
 

Memberships

  • Past President, Intellectual Property Institute of Canada; past Vice President and Secretary; past Chair of the Biotechnology Patents Committee
  • Member, American Intellectual Property Law Association
  • Member, International Association for the Protection of Intellectual Property (AIPPI)


Speaking engagements

  • "Changes to the Canadian Patent and Regulatory Landscape," (speaker) C5 Life Sciences IP Summit 2017, Munich, Germany, October 2017
  • "Recent and Upcoming Changes in the Canadian IP Landscape," Toronto Intellectual Property Group, Toronto, January 2015
  • "Managing Mankind's Inheritance Resources: The Canadian Patent Perspective," Ministry of Science and Technology of the People's Republic of China, Consulate of the People's Republic of China, Toronto, November 2009
  • "Impact of Recent Developments on Life Cycle Management" (co-presenters: Sheldon Hamilton and Daphne Lainson), Smart & Biggar's Pharma Patents 2008, Mississauga, ON, November 2008
  • "Keeping Current in International Patent Practice Webinar Series: Current Issues in Canadian Patent Law & Practice," American University, Washington College of Law, Washington, DC, November 2008
  • "Canadian Pharmaceutical Patent Prosecution Strategies in View of Recent Jurisprudence" (co-presenter: Daphne Lainson), Smart & Biggar's Pharma Patents 2007, Mississauga, ON, November 2007
  • "Canadian and U.S./Foreign Patent Office Practice" (co-presenter: Yoon Kang), Smart & Biggar's Pharma Patents 2006, Mississauga, ON, November 2006
  • "Technology Transfer and Commercializing IP in the Life Sciences," Insight Information Conference, Ottawa, January 2004 and Toronto, December 2004


Teaching activities

  • Patent Law, Queen's University Faculty of Law, Kingston, ON, 2010
  • Patent Law, Queen's University Faculty of Law, Kingston, ON, 2009
  • Intellectual Property & Technology Law for Engineers, University of Ottawa, 2007
  • Intellectual Property & Technology Law for Engineers, University of Ottawa, 2006
  • Intellectual Property & Technology Law for Engineers, University of Ottawa, 2005

Interviews

Publications

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