David E. Schwartz

David E. Schwartz


Smart & Biggar

Recognized since 2006

Ottawa, Ontario

Practice Areas

Biotechnology and Life Sciences Practice

Intellectual Property Law

Lawyer of the Year Badge - 2020 - Biotechnology and Life Sciences Practice Lawyer of the Year Badge - 2018 - Biotechnology and Life Sciences Practice Lawyer of the Year Badge - 2016 - Biotechnology and Life Sciences Practice
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David is a long-standing and highly respected IP leader who brings nearly 30 years of experience 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 counsel to a broad range of biotechnology clients for complex patent prosecution.

David also counsels and represents pharmaceutical and chemistry clients in patent cases. Drawing from his extensive experience, he has acted on behalf of start-ups, early-stage ventures, universities, government organizations and multinational corporations. He works with clients in diverse and emerging 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 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.

Location
  • 55 Metcalfe Street, Suite 1000
    P.O. Box 2999, Station D
    Ottawa, ON K1P 5Y6
    Canada
Languages
  • English
Education
  • University of Alberta, B.Sc. (Hons.) Genetics, graduated 1987
  • University of Alberta, LL.B. (Dean's Honour Roll), graduated 1991
Bar Admissions
  • British Columbia, British Columbia Bar 1992
  • Alberta, Alberta Bar 1993
  • Ontario, Ontario Bar 2001
Affiliations
  • American Intellectual Property Law Association - Member
  • Intellectual Property Institute of Canada - President
  • International Association for the Protection of Intellectual Property (AIPPI) - Member

Smart & Biggar
Headquarters: Ottawa, Ontario

32 The Best Lawyers in Canada awards

2 Best Lawyers: Ones to Watch in Canada awards

Law Firm of the Year Badge Visit Website View Firm Profile

Lawyer of the Year Badge - 2020 - Biotechnology and Life Sciences Practice Lawyer of the Year Badge - 2018 - Biotechnology and Life Sciences Practice Lawyer of the Year Badge - 2016 - Biotechnology and Life Sciences Practice
Named "Lawyer of the Year" by Best Lawyers® for:
  • Biotechnology and Life Sciences Practice, Ottawa, Canada (2020)
  • Biotechnology and Life Sciences Practice, Ottawa, Canada (2018)
  • Biotechnology and Life Sciences Practice, Ottawa, Canada (2016)
Recognized in The Best Lawyers in Canada 2024 for work in:
  • Biotechnology and Life Sciences Practice
  • Intellectual Property Law

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Publications

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