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

Experienced IP leader advocates for biotech clients in complex patent prosecutions

David is a long-standing and highly respected IP leader who brings over 25 years  of experience specializing in patent law. Named Ottawa’s “Lawyer of the Year” in Biotechnology Law multiple times and recognized annually as one of “The Best Lawyers in Canada” under Biotechnology Law since 2006, David has become the trusted go-to legal counsel to a broad range of biotechnology clients for complex prosecutions.

Representing diverse clients with leading-edge scientific innovations

In addition to biotechnology, David has also counselled and represented pharmaceutical and chemistry clients in patent cases. Drawing from his extensive experience, 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, often emerging fields such as plant biotechnology, stem cells, organic chemistry, materials science, diagnostics, pharmaceuticals, immunology, vaccines, water filtration, nutriceuticals, expression systems and assays.

Helping highly regulated companies succeed

In his patent prosecution practice, David frequently advises clients on regulatory matters relating to the Patented Medicines (Notice of Compliance) Regulationsand listing patents with Health Canada, data protection under the Food and Drug Regulations, and matters concerning the Patented Medicine Prices Review Board. He also has expertise in managing global intellectual property portfolios and in performing freedom-to-operate and infringement analysis and intellectual property due diligence. He has handled first-to-invent conflicts under the pre-1989 Patent Act and appears regularly in oral proceedings before the Patent Appeal Board.

Well-known industry thought leader

David is well-known as a leader in the IP industry, committed to enhancing the profession. He has taught patent law at Queen’s University and at the University of Ottawa.  He is the Past-President of the Intellectual Property Institute of Canada (IPIC) and former Chair of the Biotechnology Committee. David has testified multiple times before the House of Commons Standing Committee on Industry, Science and Technology and the Senate Finance Committee with respect to patent law reform.

Rankings and recognition

  • Recognized by The Best Lawyers in Canada as the 2018 Biotechnology Law "Lawyer of the Year"
  • 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

  • "Canada Patent Legislation Update" (co-presenter: Yoon Kang), Life Sciences Patent Network (LSPN) North America Spring Conference, Boston, MA, April 25, 2019
  • "Clean Technology: Domestic and International Law and Policy," (workshop) Centre for International Governance Innovation, Ottawa, March 5, 2019
  • “Intellectual Property and Food Law in the Age of Biotechnology,” (panelist) University of Toronto Faculty of Law’s Food Law and Policy Group, Toronto, Ontario, February 25, 2019
  • "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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