Intellectual Property

As trusted practitioners in intellectual property (IP), Aird & McBurney is committed to delivering forward-thinking strategies and IP protection that align with our clients’ objectives and the ever-evolving landscape of IP law.

Aird & McBurney is a leading Canadian IP boutique with an internationally renowned reputation. The team of experienced practitioners of Aird & McBurney, together with the litigators of Aird & Berlis, form a single, seamless and full-service IP organization. Leveraging decades of experience and technical expertise, we provide our clients with timely, tailored and cost-effective solutions for domestic and international protection, management and enforcement of IP rights.  

Our diverse team consists of  IP practitioners with doctorates, masters and engineering degrees in advanced sciences. This technical depth allows us to offer unparalleled service in the preparation, prosecution and maintenance of IP rights. The collaborative relationship between Aird & McBurney and Aird & Berlis, including IP litigators and certified specialists, gives our clients a single point of access to world-class IP prosecution, portfolio/brand management, due diligence, technology transfer, strategic counselling and litigation.

Our team and their work have been consistently recognized in global rankings and publications, including Chambers Canada, Chambers Global¸ IAM Patent 1000, IAM Strategy 300, IP Stars, Lexology Index (formerly Who’s Who Legal), The Legal 500 and WTR 1000 (World Trademark Review). Whether protecting groundbreaking research and development, commercializing technology or resolving contentious disputes, we are dedicated to both the protection of our clients’ IP assets and the defense of our clients against invalid claims made by others.

Our Clients

Our clients range from Fortune 50, 100 and 500 companies, universities, hospitals and research institutions to startups, scale-ups and sole inventors. These clients span a broad range of industries, including:

• Aerospace and Defense
• Agriculture
• Bioinformatics
• Biotechnology
• Chemical
• Clean and Renewable Technology (such as clean energy, biofuels, solar power, wind power and water purification)
• Communications
• Computer Engineering and Software Development
• Construction
• Consumer Products
• Electrical Engineering 
• Energy (Oil and Gas)
• Financial Services
• Fintech
• Food and Beverage
• Healthcare
• Life Sciences
• Manufacturing
• Materials Science
• Mechanical Engineering
• Medical Devices
• Mining
• Pharmaceuticals
• Retail
• Robotics
• Scientific Instrumentation
• Sports, Media and Entertainment
• Transportation and Logistics

Our Services

Patents

We offer end-to-end support across all aspects of patent protection, including preparing, filing and prosecuting patent applications, maintenance, patentability, infringement, validity assessments and litigation support. With deep technical expertise and industry insight—backed by advanced qualifications including doctorates, masters and engineering degrees—we deliver unparalleled patent service, tailored IP strategies, due diligence evaluations and ongoing portfolio management to help clients maximize the value and impact of their IP.

Designs

We offer end-to-end support across all aspects of design protection, including preparing, filing and prosecuting design applications, maintenance, infringement, validity assessments and litigation support. With deep technical expertise and industry insight—backed by advanced qualifications including doctorates, masters and engineering degrees—we deliver unparalleled design service, tailored IP strategies, due diligence evaluations and ongoing portfolio management to help clients maximize the value and impact of their IP.

Trademarks/Branding

We deliver commercially pragmatic support across every stage of the brand lifecycle, from creation and clearance to enforcement and portfolio management. We help clients shape effective trademark strategies in Canada and abroad that align with business goals and maximize brand value. Our services cover the protection and defence of IP assets, including preparing, filing and prosecuting trademark applications, oppositions and cancellation proceedings, licensing and due diligence. We also advise on business and domain name registration and labelling compliance, ensuring comprehensive protection and strategic oversight of your brand assets.

Copyright

We deliver comprehensive copyright solutions that safeguard and maximize the value of your creative assets. Our team secures copyright registration for literary, artistic, musical and digital works, while providing clear guidance on ownership, assignments and licensing arrangements. We represent clients in enforcement actions and infringement disputes, and offer strategic counselling on compliance, fair use and digital content protection. With expertise in coordinating international strategies across multiple jurisdictions, we help ensure your rights are protected.

IP Litigation

Our clients trust us to protect their IP rights against infringers, counterfeiters and cybersquatters, while also defending them against invalid claims. We represent clients in disputes involving patents, trademarks, copyright, designs, confidential information, domain names and Patented Medicines (Notice of Compliance) Regulations, as well as matters relating to invention ownership, competition law, false advertising and professional negligence. With deep technical expertise and industry insight, our litigators bring substantive experience before Canadian courts and tribunals, including the:

• Supreme Court of Canada
• Federal Court of Appeal
• Ontario Court of Appeal
• Federal Court of Canada
• Ontario Superior Court
• Alberta Court of Queen’s Bench
• Supreme Court of Newfoundland and Labrador
• Canadian Patent Appeal Board
• Canadian Patent Reissue Board
• Trademarks Opposition Board

We also have extensive experience in mediation and arbitration. Our litigators draw on this broad expertise to deliver tailored strategies, practical guidance and robust advocacy across the full spectrum of IP and related disputes.

Technology Transfer

We provide strategic guidance and hands-on support to help clients effectively leverage their IP through technology transfer and commercialization. With deep technical expertise and industry insight, we structure, draft and negotiate a wide range of IP agreements, including licences, joint development and research agreements, asset purchases, franchising arrangements, non-disclosure agreements, assignments, pooling agreements and security instruments. Whether supporting innovation partnerships or safeguarding proprietary assets, we deliver tailored solutions that align with business goals and maximize IP value.

Corporate

As part of a full-service firm, our IP team works closely with the Corporate Group to provide strategic support across a range of commercial transactions. With deep technical expertise and industry insight, we advise on the IP aspects of acquisitions, divestitures and financings, conduct due diligence reviews of IP assets, and structure creative financing arrangements involving IP, such as feature films and software. We also act on behalf of lenders and borrowers in transactions secured by IP, including enforcement of IP-backed security interests, helping clients unlock value and mitigate risk in complex corporate deals.

Our Networks

We have strong associate relationships with leading firms worldwide to ensure our clients’ IP assets are protected outside Canada with the same sophisticated technical and legal depth.

Our Memberships

Our IP professionals are also active members of global and local industry organizations, including:

• Advocates’ Society
• American Chemical Society
• American Intellectual Property Law Association (AIPLA)
• Association of University Technology Managers (AUTM)
• Association of Intellectual Property Firms (AIPF)
• Biotechnology Innovation Organization (BIO)
• Canadian Association of Black Patent Agents (CABPA)
• Canadian Society for Chemistry 
• Canadian Society for Pharmaceutical Sciences (CSPS)
• Canadian Society of Pharmacology and Therapeutics (CSPT)
• Chartered Institute of Arbitrators
• College of Patent & Trademark Agents (CPATA)
• 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)
• Institute of Electrical and Electronics Engineers (IEEE)
• Licensing Executives Society (LES)
• Life Sciences Ontario (LSO)
• Ontario Bioscience Innovation Organization
• Professional Engineers Ontario (PEO)
• Toronto Intellectual Property Group (TIPG)