David E. Schwartz

David E. Schwartz: Attorney with Smart & Biggar/Fetherstonhaugh
  • Partner, Calgary; Barrister and Solicitor; Patent and Trademark Agent at Smart & Biggar/Fetherstonhaugh (90 Attorneys)
  • Burns Building, 301-237 8th Avenue SE, Calgary, AB, Canada T2G 5C3
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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

•Recognized by The Best Lawyers in Canada as the 2018 Biotechnology Law Lawyer of the Year
•Recognized annually since the inaugural edition in 2006 of The Best Lawyers in Canada under Biotechnology Law, recognized under Intellectual Property Law 2018
•Selected to appear in 2016 & 2017 edition of The Canadian Legal LEXPERT Directory under Intellectual Property and Biotechnology
Recognized by Who’s Who Legal: Patents 2017
•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 Sciencesas a 'Life Science Star' under Intellectual Property



•Law Times - IP boutiques promoting international relationships , March 27, 2017
•Canadian Lawyer Magazine Interview - IP Back to the Future , June 06, 2016


• Proposed amendments to the Canadian Patent Rules published for public consultation , IP Update - Canada,August 1, 2017
• The State of IP in Canada, IP Update - Canada,November 22, 2016
•“Understanding the impact of Canada’s IP law reform”, (co-author:Kendra Cann), Managing Intellectual Property, September 2016
• Attention biotech patentees: revised sequence listing requirements in effect before the Canadian Intellectual Property Office (CIPO) , IP Update - Canada, January 13, 2016; Lexology , January 13, 2016; Mondaq , January 14, 2016; International Law Office Intellectual Property Newsletter , February 8, 2016
• From antibodies to X-rays: an overview of patent eligibility in Canada (co-author: Sanro Zlobec), Managing Intellectual Property, August 25, 2015
• 2015 Federal Budget proposes important changes to Canada’s IP laws , IP Update - Canada, April 22, 2015; Lexology , April 22, 2015; Primary Opinion , April 22, 2015; Mondaq , April 23, 2015; CCCA Members Knowledge Centre , April 2015; International Law Office Intellectual Property Newsletter , May 18, 2015
• Amendments to the Plant Breeders’ Rights Act receive Royal Assent , IP Update - Canada, February 26, 2015; Lexology , February, 26, 2015; Mondaq , February 27, 2015; CCCA Members Knowledge Centre , February 2015; International Law Office Intellectual Property Newsletter , March 23, 2015
• Bill C-18 modernizes the Plant Breeders’ Rights Act , IP Update - Canada, May 26, 2014; Lexology , May 26, 2014; Mondaq , May 28, 2014; International Law Office Intellectual Property Newsletter , June 9, 2014
• US Supreme Court releases Myriad, naturally occurring DNA unpatentable - What it means for Canada , IP Update - Canada, June 13, 2013; Lexology , June 13, 2013; CCCA Members Knowledge Centre , June 2013; International Law Office Intellectual Property Newsletter , July 8, 2013
• Patent Law Update (co-author: Jeffrey Coles), Managing Intellectual Property , September 2012
• Building blocks to green patent specifications (co-author: Glen Kurokawa), Intellectual Property Magazine, October 2011
• The Patentability of Pharmaceutical Dosage Regimes in Canada (co-author: Gunars A. Gaikis), 26 Canadian Intellectual Property Review 2, 2011
• Canadian SEBs: Not the same generic rights, Intellectual Property Magazine, August 2010
• Canada Paves the Way for Subsequent Entry Biologics (co-author: Daphne Lainson), Pharmaceutical Law Insight, May 2009
• On closer examination: examining re-examination (co-author: Christopher Thompson), Patent World, November 2008
• Later Stage Stem Cells Patentable, The Lawyers Weekly, March 2, 2007
• Recent Developments in Biotechnology (co-author Daphne Lainson), The 2007 LEXPERT/ALM Guide to the Leading 500 Lawyers in Canada, January 2007, pp. 164-167
• Unique IP Issues in Canada's Pharmaceutical and Biotechnology Industry (co-authors: Gunars Gaikis and Daphne Lainson), The 2006 LEXPERT Guide to the Top 100 Industry Specialists in Canada, October 2006, pp. 125-129

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

Areas of Practice (10)

  • Patents
  • Life Sciences
  • Pharmaceutical
  • Chemical & Industrial Biotechnology
  • IP Management & Strategic Counselling
  • Licensing & IP Transactions
  • Life Sciences - Regulatory & Compliance
  • Cleantech
  • Energy
  • Agricultural Sciences

Education & Credentials

Contact Information:
613.232.2486  Phone
613.232.8440  Fax
University Attended:
University of Alberta, B.Sc., Hons., Genetics, 1987
Law School Attended:
University of Alberta, LL.B., Dean's Honour Roll, 1991
Year of First admission:
1992, British Columbia; 1993, Alberta; 2001, Ontario; 1994, Registered Trade-mark Agent; 1997, Registered Patent Agent; Registered to practise before the United States Patent and Trademark Office

Professional Involvement


•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)


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