Intellectual Property
Overview
Aird & McBurney LP is a leading Canadian intellectual property boutique firm with an internationally-renowned reputation. Aird & McBurney works in union with Aird & Berlis to secure Canadian and worldwide protection and provide IP rights enforcement. Our clients benefit from the integration of agency and legal services within a single, full-service legal organization.
Who We Help
We represent Fortune 100 companies in the life sciences, food and beverage, entertainment, media, sports and communications, energy and mining sectors, in addition to the electrical, mechanical, biomedical, computer engineering and software development industries. Our clients also include individuals, startups, universities, hospitals and research institutions.
Members of our IP team are involved in many industry organizations, including:
- Advocates’ Society
- American Intellectual Property Law Association (AIPLA)
- Association of University Technology Managers (AUTM)
- Canadian Society for Pharmaceutical Sciences (CSPS)
- Canadian Society of Pharmacology and Therapeutics (CSPT)
- Chartered Institute of Arbitrators
- Intellectual Property Owners Association (IPO)
- Intellectual Property Institute of Canada (IPIC)
- International Association for the Protection of Intellectual Property (AIPPI)
- International Federation of Intellectual Property Attorneys (FICPI)
- International Trademark Association (INTA)
- Licensing Executives Society (LES)
- Life Sciences Ontario (LSO)
- Toronto Intellectual Property Group (TIPG)
Our Clients
Our clients’ interests span a wide range of industries, including fast-moving consumer goods, IT, telecoms, financial services, electronics, materials, manufacturing, life sciences, medtech, pharmaceuticals, media and aviation.
- Startups & Scale-ups
- Overseas attorney firms
- Fortune 100 companies
- Universities & TTOs
- Venture Capitalists
- Solo inventors
- Hospitals
- Research Institutions
Our Services
Our technical depth allows us to offer unparalleled services in:
- Preparing patent applications
- Patent filing and prosecution in Canada and worldwide
- Prior art searching
- Patentability, infringement and validity opinions
- Preparing licences, assignments, security interests
- Performing patent audits
- Devising patent strategies and portfolio management
- Due diligence in commercial transactions
Contacts
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Lola is a registered patent agent in Canada and the Unites States, with a PhD in clinical biochemistry from the University of Toronto.
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Erica’s aptitude for grasping the technicalities of emerging innovations helps her draft strong patent applications for her clients, strategical...
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Kimberly thrives on the challenge of figuring out how best to claim, strengthen and protect her clients’ inventions in order to create a strateg...
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Jay is a registered patent agent in Canada and the United States, with extensive experience in mechanical, electromechanical and software-related tech...
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Tony represents clients in a variety of high-technology industries, and has extensive patent prosecution experience in the fields of software, hardwar...
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With an extensive science background and industry experience at a multinational pharmaceutical company, Kitt has established himself as a leading pate...
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Steve Hundal is an intellectual property lawyer and a registered patent and trademark agent in Canada.
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Grant is focused on determining the most effective solutions to clients' business, licensing and intellectual property issues.
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Ken is driven to help his clients resolve their problems, particularly the ones for which it seems there is no answer.
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Amy is a strong litigator with significant experience representing clients on a broad range of intellectual property matters.
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Tim Lowman is known as a client-centric, forward- thinking, detail-oriented and personable lawyer. Clients and colleagues consistently recommend him f...
Representative Matters
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Voltage Pictures Successful in Court of Appeal Decision
The Federal Court of Appeal released its decision regarding Voltage Pictures’, a movie production company, certification of a reverse class action for pursuing copyright infringement claims. -
Federal Court of Appeal Affirms Use of Reverse Class Actions For Copyright Infringement Claims
On September 8, 2021, the Federal Court of Appeal released its decision in Salna v. Voltage Pictures, LLC, 2021 FCA 176 regarding certification of a reverse class action (i.e. where there is a class o... -
Putman Investments Acquires Toys “R” Us Canada
On August 19, 2021, Putman Investments Inc., a Canadian-based, family-owned enterprise, announced its acquisition of Toys “R” Us and Babies “R” Us Canada from Fairfax Financial... -
City Water Successfully Defeats Opposition to VIRGIN WATER Trade-Mark
City Water International Inc. was successful in defeating an opposition to its application for the registration of the VIRGIN WATER trade-mark in Canada. -
Hand Sanitizer Patent Lawsuit Gets Green Light
A Master of the Ontario Superior Court has ruled that Francisco Munoz, a chemical engineer whose name appears on the patent as the inventor of foaming alcohol hand sanitizer, can sue Deb Group, the mu...
Recent Developments
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Canadian Intellectual Property Office Publishes Proposal for Increased Fees and Regulatory Impact Analysis Statement
Fees are expected to take effect on January 1, 2024, with increases by 25 per cent in most cases, rounded to the nearest whole dollar amount. -
TheSpotlight
Federal Court Expunges Licensee’s Trademark Registrations for Bad Faith
The Federal Court recently expunged a sublicensee’s registration of the brand owner’s trademarks on the basis of bad faith and awarded punitive damages to the brand owner. Blossman Gas, Inc. v. Allian... -
Firm News
Tim Lowman Recognized in IAM Strategy 300 Global Leaders 2023
Aird & Berlis is pleased to announce that Tim Lowman, head of the firm's Intellectual Property Group, is recognized in IAM Strategy 300 Global Leaders 2023. This guide features some of the foremost ex... -
Firm News
Aird & Berlis Named One of Canada’s Best Law Firms 2023 by The Globe and Mail
Aird & Berlis is pleased to announce its inclusion in The Globe and Mail’s Canada’s Best Law Firms 2023 list. For a second year, The Globe and Mail's Report on Business magazine partnered with Statist... -
TheSpotlight
Federal Court Denies Equitable Relief for Failure to Diligently Prosecute a Patent
The Federal Court recently found that patentees may be denied equitable remedies in a patent infringement action if they fail to diligently prosecute their patents. In certain circumstances, the failu... -
Firm News2022 Edition of Doing Business in Canada Now Available!
Aird & Berlis is pleased to present the 2022 edition of Doing Business in Canada. This publication was developed to provide a general overview of Canadian federal and Ontario law, and is intended for ... -
Firm News
Tim Lowman Elected President of the Intellectual Property Institute of Canada
On September 29, Tim Lowman was elected president of the Intellectual Property Institute of Canada (IPIC) and Chair of the IPIC Board of Directors for the 2022-2023 term. -
TheSpotlight
The Date for Assessing Disclosure Sufficiency – Is This an Open Issue?
Recently, the Federal Court of Appeal released its decision in Pharmascience Inc. v. Bristol-Myers Squibb Canada Co., 2022 FCA 142. The decision touches on various issues, but I want to focus on one: ... -
Firm News
88 Aird & Berlis Lawyers Recognized in The Best Lawyers in Canada 2023
Aird & Berlis is proud to announce that 88 members of the firm were selected by their peers for inclusion in the 2023 edition of The Best Lawyers in Canada. The firm is recognized across 43 practice ... -
TheSpotlight
Supreme Court of Canada Recognizes ‘Making Available’ Right
In the recent Society of Composers, Authors and Music Publishers of Canada v. Entertainment Software Association, 2022 SCC 30 decision, the Supreme Court of Canada recognized that copyright owners may... -
TheSpotlight
Federal Court Holds That Design and Promotional Activities for FLNG Facility Did Not Infringe Canadian Patent
The Canadian Federal Court’s recent decision in Steelhead LNG (ASLNG) Ltd. v. ARC Resources Ltd., 2022 FC 998 held that mere design and promotional activities for a floating liquefied natural gas faci... -
Firm News
Aird & Berlis | Aird & McBurney Recognized in 2022 edition of the IAM Patent 1000
Aird & Berlis and Aird & McBurney are proud to be recognized in the Canada section of the 2022 edition of the IAM Patent 1000: The World’s Leading Patent Professionals, a guide that identifies the top... -
TheSpotlight
Federal Court Adopts New Framework for Assessing Subject-Matter Eligibility and Directs CIPO To Use it
In Benjamin Moore, the Federal Court has provided a clear legal framework with little room for misinterpretation. It is unlikely that a new practice notice will be issued while the decision is still c... -
TheSpotlight
Amendments to Canadian Patent Rules Coming Into Force October 3, 2022
On October 3, 2022, amendments to the Canadian Patent Rules will come into force, introducing changes to patent prosecution in Canada. The most significant of these changes are excess claims fees and ... -
TheSpotlight
Adoption of Bill 96 – Are Your Trademark Rights Secured?
On May 24, 2022, the National Assembly of Québec adopted Bill 96, An Act respecting French, the official and common language of Québec, reforming language laws in the province. Bill 96 will have broad... -
Firm News
Tim Lowman and Ken Clark Recognized as 2022 IP STARS
Two of our leading intellectual property lawyers have been recognized as Trademark stars in the 2022 edition of IP STARS, Managing Intellectual Property’s guide to the world's leading IP firms and pra...