We are committed to protecting innovation in the life sciences
We have long recognized the importance of protecting the intellectual property (IP) of innovative companies in their quest to develop novel therapies that have an immeasurable impact on patients in Canada and elsewhere.
The life sciences industry has seen radical change over the last two decades with dramatic advances in medicine, including the advent of precision and personalized medicines and other novel and advanced therapies that are challenging regulatory authorities the world over. We have kept abreast of these changes, developing an experienced team of practitioners that work with our clients to protect and defend their innovations, maximize commercial opportunities, and provide patients with access to their cutting edge technologies.
We are experts in IP law and policy and understand the role that IP protection plays in driving value and funding the discovery of new life-saving and life-changing drugs. We are also experts in the related regulatory framework that governs market access and exclusivity, allowing us to offer sophisticated advice in managing the life-cycle of a therapeutic product.
In partnership with our clients, we work to develop IP and regulatory strategies with the flexibility and foresight to meet changing business needs, the demands of the regulatory authorities and evolving market conditions.
The Smart & Biggar difference
Our lawyers and agents work as a team to assist our clients in securing the most effective protection for innovative medicines. The legal and regulatory landscape governing new drugs, biologics, medical devices and specialized medicines is complex. It often requires input from a combination of our technical experts, patent agents, legal and regulatory counsel, and litigators, each of whom have a sophisticated understanding of the Canadian market.
Smart & Biggar is the largest firm in Canada focusing on IP law and related areas. As such, we have deep bench strength across multiple disciplines in order to protect and fully commercialize any new technology in the life sciences, as well as a team of experienced trial lawyers to defend against subsequent entrant challengers. Our combined technical and legal expertise allows us to provide a holistic approach to protecting exclusivity and maximizing commercial opportunities.
We are subject-matter experts in the life sciences
All of our life sciences practitioners have graduate or undergraduate degrees in relevant scientific disciplines, including chemistry, molecular and cellular biology, biochemistry, physiology, microbiology, immunology, neuroscience, genetics, molecular and cellular physiology, pharmacology or pharmacy. Many also hold PhDs and have relevant post-doctoral and industry experience. Thus, whether the invention is a new chemical or biologic entity—or a combination thereof, or is at the cutting edge of gene therapy, we have the expertise to assist.
When necessary, we also draw on our expert colleagues in the other scientific and engineering disciplines. Whether the invention is a new connected medical device or system to address Risk Evaluation and Mitigation Strategies (REMS), our technical experts in areas such as computer implemented inventions, engineering, the internet of things (IoT), blockchain and artificial intelligence are ready to help.
We are experts in life sciences law and policy
Our lawyers have decades of experience in the various regulatory regimes that govern the life sciences sector. We have been advising clients on how to navigate and manage the various regimes since the introduction of patent linkage under the Patented Medicines (Notice of Compliance) Regulations, regulatory data exclusivity (“data protection”) under the Food and Drug Regulations, supplementary protection under the Certificate of Supplementary Protection Regulations and pricing issues under the Patented Medicines Regulations.
Our team of legal experts work closely with our patent prosecution professionals to provide a sophisticated approach to managing exclusivity and developing a life-cycle plan that takes into account the complex and evolving legal landscape for drugs, biologics, medical devices and other advanced therapies.
Our integrated approach allows us to advise clients at an early stage of product development through to enforcement and potential loss of exclusivity and beyond, and in the licensing, acquisition or divestiture of technology. Therefore, whether your IP strategy calls for patent procurement, litigation proceedings, regulatory, market access, health care compliance or advertising advice, due diligence for mergers and acquisitions, or licensing and partnership negotiations, the Smart & Biggar team is ready to provide unparalleled IP counsel to safeguard your competitive position.
Fearless defenders of pharmaceutical IP
Our lawyers have unparalleled experience as counsel and have earned a reputation for being fearless advocates in the courtroom. Our decades of litigation experience and subject-matter expertise keep us at the forefront of pharmaceutical litigation in Canada.
We provide focused representation in pharmaceutical litigation, including infringement and validity actions under the Patented Medicines (Notice of Compliance) Regulations, including damages quantifications, s. 8 actions, and judicial reviews of Health Canada decisions involving patent listing, data protection, PMPRB jurisdiction, and access-to-information. We have represented patentees against generic manufacturers in nearly 250 proceedings under the Patented Medicines (Notice of Compliance) Regulations, including actions under the amended Regulations.
A local presence with global reach
The Smart & Biggar team collaborates with life sciences IP practitioners around the world to obtain protection for Canadian inventions abroad, as well as protection for foreign inventions in Canada. As a result, while our offices extend across the country, our practice and experience covers the globe.
Our global client base includes ground-breaking start-ups as well as some of the largest life sciences companies in the world. We work with pharmaceutical and biotech companies, medical device companies, well-known research institutions and universities, health services organizations, and venture capital firms.
Staying abreast of the changing landscape
Smart & Biggar understands that protecting your products from early clinical development to regulatory approval to litigation and beyond is critical. For more than a century, we have worked with innovators to help them meet the unique challenges of the Canadian marketplace, where our depth of experience remains unrivalled.
We have also remained at the forefront of developments in Canadian law and policy. To further serve the needs of our clients, we are actively involved in the evolution of Canadian IP policy and legislation and play an active part in major organizations to develop and promote the pharmaceutical and biologics industry in Canada. Our monthly newsletter, Rx IP Update, helps our clients keep abreast of the latest developments.
Our service offerings are unmatched
The combination of technical knowledge, experience, and insight within our life sciences IP, regulatory and litigation group is unmatched in Canada.
Smart & Biggar provides exceptional IP counsel with respect to:
- Data protection advice and responding to eligibility rejections by the Office of Patented Medicines and Liaison (OPML)
- Patent listing under the Patented Medicines (Notice of Compliance) Regulations, including preparation of forms and responding to objections by the OPML
- Certificates of supplementary protection, including preparation of applications
- Patented Medicine Prices Review Board (PMPRB) advice
- Regulatory (Health Canada and provincial) and health care compliance advice
- Reimbursement, interchangeability, rebate and procurement advice
- Marketing and advertising, including programs with HCPs and patients, disease awareness initiatives, collaboration agreements, PR communications, Direct-to-Consumer advertising campaigns, and Innovative Medicines Canada (IMC) and Pharmaceutical Advertising Advisory Board (PAAB) matters
- Brand name assessments including Look-alike Sound-alike (LA/SA) Assessments of product names
- Access to Information Act and Freedom of Information and Protection of Privacy Act matters
- Regulatory due diligence
- Submissions on draft statutory and regulatory amendments
- Applications for judicial review
Key Contacts
Client Success
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AstraZeneca Canada Inc and AstraZeneca AB v Sandoz Canada Inc
2020 FC 635 -
Celgene Inc et al v Natco Pharma (Canada) Inc
2019 FC 921Successfully represented the plaintiffs Celgene Inc. and Celgene Corporation defending a motion seeking to require production of deposition transcripts in other proceedings.Read More -
Apotex Inc v Sanofi-Aventis, et al
2018 ONCA 890 -
AstraZeneca AB v Apotex Inc
2018 FC 185 -
Apotex Inc v AstraZeneca Canada Inc
2018 FC 181 -
AstraZeneca Canada Inc v Apotex Inc
2017 FC 726 -
AstraZeneca Canada Inc v Apotex Inc (re NEXIUM)
2017 SCC 36In this precedent setting victory, the Supreme Court of Canada rejected the “promise doctrine”, upholding AstraZeneca’s NEXIUM patent (esomeprazole) as useful and clarifying requirements for “utility”...Read More -
Apotex Inc v AstraZeneca Canada Inc
2017 FCA 9
Unparalleled Expertise in Pharmaceutical & Biologics
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Legal Media Group
Canadian Patent Strategy Firm of the Year
2013, 2014, 2018, 2021, 2023 & 2024LMG Life Sciences Awards -
Chambers & Partners
Band 3: Life Sciences
2019-2024Chambers Canada -
Lexology Index
Four Life Sciences leaders
2023Lexology Index: Life Sciences -
Lexology Index
Six Thought Leaders in Patents, Trademarks & Life Sciences
2023WWL Thought Leaders: Global Elite -
Lexology Index
Five Life Sciences leaders
2018-2022Lexology Index: Life Sciences -
Lexology Index
Four Thought Leaders in Patents and Trademarks
2022WWL Thought Leaders: Global Elite -
Lexology Index
Three Thought Leaders in Patents, Trademarks & Life Sciences
2019-2021WWL Thought Leaders: Global Elite -
Euromoney LMG
Two Top Lawyers
2021Expert Guides: Best of the Best -
Legal Media Group
Canadian IP Impact Case of the Year
2017 & 2020LMG Life Sciences Awards -
Euromoney LMG
10 leading Life Sciences experts
2019Expert Guides: Life Sciences
Related Publications & Articles
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Agile licensing amendments registered
Following consultation starting in 2022, on November 29, 2024, Regulations Amending Certain Regulations Made Under the Food and Drugs Act (Agile Licensing) were registered.Read More -
PMPRB releases new Draft Guidelines for comment
Following its Phase 2 Consultations, on December 19, 2025, the Patented Medicine Prices Review Board released its new Draft Guidelines and accompanying Overview.Read More -
Federal Court updates its Guidelines for Complex Proceedings
On November 28, 2024, the Federal Court updated its Case and Trial Management Guidelines for Complex Proceedings and Proceedings under the PM(NOC) Regulations and the accompanying Timetable Checklist ...Read More -
2023-2024 Pan-Canadian Pharmaceutical Alliance impact report
On November 22, 2024, the pan-Canadian Pharmaceutical Alliance (pCPA) released its 2023-2024 impact report.Read More -
Canada’s Drug Agency seeks input on HTA methods guide and also announces new coalition to improve medication use
HTA Methods Guide – On November 28, 2024, Canada’s Drug Agency (CDA) launched a consultation on its first-ever methods guide.Read More -
Health Canada posts 2023 to 2024 review on drug shortages
On November 20, 2024, Health Canada posted Drug shortages in Canada: Fiscal year 2023 to 2024 in review.Read More -
PMPRB releases 2023 Annual Report
On December 6, 2024, the Minister of Health tabled the 2023 Annual Report of the Patented Medicine Prices Review Board (PMPRB).Read More -
Federal Court finds patent ineligible for listing against SNDS
In Bayer Inc v Amgen Canada Inc, 2024 FC 1849, the Court granted a motion brought by Amgen for a declaration that Canadian Patent No. 3,007,276 (276 patent) was ineligible for inclusion on the Patent ...Read More
Related News & Media
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BIO 2023: Connect with Smart & Biggar’s leading Canadian Life Sciences team
Smart & Biggar's leading Life Sciences team will be attending this year’s Bio International Convention in Boston, and look forward to reconnecting with colleagues and clients from around the world...Read More -
Smart & Biggar leads the Canadian patent rankings with 23 lawyers and agents listed in IAM Patent 1000
Smart & Biggar is pleased to announce our continued standing as a ‘gold tier' firm in Canada for patent prosecution and litigation, in the 2022 IAM Patent 1000: The World’s Leading Patent Professi...Read More -
Smart & Biggar joins global biotech and pharma leaders at the 2022 BIO International Convention
Smart & Biggar partners Lei Liu and Mark Pidkowich are traveling to the San Diego Convention Center, to attend the annual BIO International Convention, from June 13-16, 2022. This year the confere...Read More -
Smart & Biggar hailed at the 10th annual Women in Business Law Americas Awards
Smart & Biggar is proud to claim one major practitioner award, as well as two prestigious firm awards by Euromoney Legal Media Group (LMG) in the 10th annual Women in Business Law Americas Awards....Read More -
Smart & Biggar earns top rank for Intellectual Property in Chambers Canada with seven lawyers ranked for IP Litigation, Life Sciences and Cannabis
Smart & Biggar, Canada’s leading firm for intellectual property law, has once again earned top rank as a Band 1 firm for Intellectual Property (IP) in the 2022 Chambers Canada Guide. In addition ...Read More -
Smart & Biggar named IP ‘Law Firm of the Year’ and leads the rankings with 36 lawyers recognized in the 2022 edition of The Best Lawyers in Canada and Best Lawyers: Ones to Watch
Smart & Biggar is pleased to share that we have been named "Law Firm of the Year" for expertise in Intellectual Property Law in the 2022 Edition of The Best Lawyers in Canada. This recognition i...Read More -
Smart & Biggar welcomes five new associates in Ottawa and Toronto
Smart & Biggar is pleased to welcome five associates, who were recently called to the bar after articling with the firm.Read More -
Smart & Biggar earns six shortlist nominations for the 2021 LMG Life Sciences Awards
Smart & Biggar is proud to share that we have been shortlisted for six LMG Life Sciences Awards. Each award nomination recognizes Smart & Biggar’s leadership in life sciences law and across th...Read More