David Schwartz is a Principal in Smart & Biggar’s Ottawa office and a long-standing and highly respected IP leader who brings over 30 years of experience specializing in Canadian patent law in the life sciences. 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.
In addition to biotechnology, David has also counsesand represents pharmaceutical and chemistry clients in patent law 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.
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 thought 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 Commitee. 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.
