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Kitt Sinden, M.Sc.

Patent Agent | Partner

Kitt is a partner of Aird & McBurney LP and is a registered Patent Agent in Canada and United States. Known for his client-focused approach, Kitt builds strong relationships with his clients, enabling him to better understand their businesses and to meet their specific needs. His advanced science degree, pharmaceutical industry experience, thorough understanding of some of industries’ most cutting edge technologies, and extensive knowledge of Canadian patent and design law, allow Kitt to provide innovative and effective solutions for advancing patent and design applications through to grant for his clients. His successes in these matters have established Kitt as one of Canada’s leading Patent Agents as recognized by Who’s Who Legal.

Kitt specializes in the areas of pharmaceutics, biotechnology, chemistry, medical devices, agriculture, food science and engineering, oil & gas and mechanics, with the main focus of his practice being on drafting and prosecuting patent and design applications, preparing patentability, infringement, validity and freedom-to-operate opinions, providing worldwide strategic patent and design portfolio management and conducting due diligence in patent and design valuations for licensing and mergers & acquisitions. He has extensive experience in representing clients before the Canadian Patent Appeal Board, the Canadian Patent Reissue Board and the Patented Medicines Prices Review Board.

Kitt also has extensive experience in advising and assisting counsel in pharmaceutical patent litigation, including infringement and validity actions, as well as proceedings under the Patented Medicines (Notice of Compliance) Regulations in Canada and the Hatch-Waxman Act in the United States.  He has actively participated in Canadian patent proceedings before the Federal Court, the Federal Court of Appeal, the Ontario Superior Court and the Supreme Court of Canada.  Working with world leading experts from academia and industry, his efforts in these matters have led to precedent setting decisions in Canada and in foreign jurisdictions, including the United States, the United Kingdom and Australia.

Kitt is a Fellow of the Intellectual Property Institute of Canada and an active member of its Patent Practice and Life Sciences Committees as well as an active member of the Patents Committee of the International Association for the Protection of Intellectual Property and of the Pharmaceutical Biotechnology Issues Committee of the Intellectual Property Owners Association.

Kitt frequently lectures on the topics of patentability, patent infringement and patent validity at various conferences, seminars, workshops and academic institutions, including McMaster and Ryerson Universities.

Prior to his involvement in intellectual property, Kitt gained valuable industry experience in pharmaceutical formulation design and in the fields of pharmacology, biochemistry, immunology and histology at a multinational pharmaceutical company where he developed an airway hyper-responsiveness animal model for evaluating novel compounds and formulations.

Awards & Recognition

  • Registered Patent Agent (Canada) (2001)
  • Registered Patent Agent (United States) (2002)
  • Recognized in IAM Patent 1000 – The World's Leading Patent Professionals
  • Recognized in Legal Media Group's Patents Expert Guide 

Professional Involvement

Memberships

  • Intellectual Property Institute of Canada (IPIC)
  • International Association for the Protection of Intellectual Property (AIPPI)
  • International Federation of Intellectual Property Attorneys (FICPI)
  • American Intellectual Property Law Association (AIPLA)
  • Intellectual Property Owners Association (IPO)
  • Association of University Technology Managers (AUTM)
  • Toronto Intellectual Property Group (TIPG)
  • Biotechnology Innovation Organization (BIO)
  • Life Sciences Ontario (LSO)
  • Canadian Society for Pharmaceutical Sciences (CSPS)
  • Canadian Society of Pharmacology and Therapeutics (CSPT)

Selected Speaking Engagements

“The Promise of the Future: Current State of Patent Validity,” Intellectual Property Institute of Canada 92nd Annual Conference, Vancouver, British Columbia, October 12, 2018.

“Patent Infringement and Validity,” Intellectual Property Law Course, Ryerson University, Toronto, Ontario, September 26, 2018.

“Canada: The Wind of Patent Change is Blowing,” Midwest Intellectual Property Summit, November 17, 2017.

"Securing Intellectual Property Rights: Why Protect Your Inventions and Designs?," Aird & Berlis LLP Intellectual Property Webinar, June 8, 2017.

Insights

Insights TheSpotlight Jun 30, 2017 Supreme Court of Canada Holds Promise of Utility Doctrine Incongruent with Patent Act AstraZeneca Canada Inc. et al. v. Apotex Inc. et al., 2017 SCC 36
Insights TheSpotlight May 08, 2017 Canadian Court of Appeal has Something to Say on Obviousness Critical of Rigid Tests and Using a Solution-Based Identification of the Inventive Concept that Excludes Serendipitous Discoveries Means Atazanavir Salt Obvious
Insights TheSpotlight Apr 20, 2017 Double Patenting: A Tale of Three Dates

Education

  • Mag. Exam., Pharmacology, Lund University, 1997
  • B.Sc. (Honours), Pharmacology & Biology, McMaster University, 1996