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


Phone: 613.232.2486
Fax: 613.232.8440
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British Columbia Bar 1992
Alberta Bar 1993
Ontario Bar 2001
  • 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/Fetherstonhaugh’s Ottawa office, and is the President of the Intellectual Property Institute of Canada (IPIC). Since 1994, David has practiced exclusively in the intellectual property field with a focus on patent law, particularly in the fields of biotechnology, pharmaceuticals and chemistry.

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.

In his patent prosecution practice, David frequently advises clients on regulatory matters relating to the Patented Medicines (Notice of Compliance) Regulations and 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. David has also testified before the House of Commons Standing Committee on Industry, Science and Technology with respect to proposed amendments to the Patent Act.

Rankings and recognition

  • Included in the 11th edition (2017) of The Best Lawyers in Canada, recognized in Biotechnology Law 
  • Selected to appear in 2016 edition of The Canadian Legal LEXPERT® Directory under Intellectual Property and Biotechnology
  • Named 2016 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 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 annually since the inaugural edition in 2006 of The Best Lawyers in Canada under Biotechnology Law
Life Sciences
Chemical & Industrial Biotechnology
IP Management & Strategic Counselling
Licensing & IP Transactions
Life Sciences — Regulatory & Compliance
Agricultural Sciences


  • 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

  • "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



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