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Canada’s top intellectual property (IP) law firms are leading the charge in providing timely expertise and guidance, helping clients navigate a fast-evolving field driven by technology advancements such as AI and its impact on data management.
The specialist nature of Canadian Lawyer’s Top Intellectual Property Law Boutiques 2024–25 is what sets them apart. The prestigious list was composed after the CL team analyzed the quantitative results alongside feedback from respected senior members of the bar, Lexpert peer survey results, where applicable, and regional diversity considerations.
Intellectual Property Ontario’s IP director Jarrod Hicks says, “Boutique IP law firms are crucial in the Canadian IP ecosystem to maintain and grow IP capacity within Canada because they employ many young IP lawyers and agents, and are particularly suited to develop their talents to address the quickly changing technology specialties required to support the needs of Canadian clients.”
Experts agree that Canadian IP law firms are increasingly expected to help clients strategize around data management and the impact of AI on their organizations, products, and services to increase their likelihood of global success.
“The impact that AI will have on data management and the importance of data ownership, regulatory compliance, and monetization in today’s data economy cannot be overstated,” Hicks explains. “It is important that law firms continue to develop their young lawyers and agents in-house to increase the IP capacity within Canada for supporting the demands of Canadian companies.”
A top boutique firm should handle all IP-related tasks domestically and in select foreign jurisdictions, particularly the US, Hicks states, and employ agents and lawyers capable of assisting clients with:
IP strategy development, intelligence gathering, and analysis
patent filing and prosecution
trademark filing and prosecution
trade secret policy guidance
prior art and clearance searching
IP licensing
IP agreement drafting and negotiation
“Moreover, the firm should provide expert advice in most technology fields, particularly emerging fields such as artificial intelligence (AI) and data ownership,” Hicks adds. “To provide clients with cost certainty and increased trust, firms should employ flat fee billing for most common IP services.”
Similarly, Stephan Georgiev, PwC Canada’s director of intellectual property, strategy, and management, points out that the top intellectual property law firms differentiate themselves by providing innovative, strategic solutions that extend beyond the basics of IP law.
“Filing for IP, everybody does that, and generally, they do it well,” he remarks. “But what I think we need to do better as a country is help Canadian businesses turn innovation into relevant IP assets, protect those assets, and leverage them through licensing and monetization.”
Georgiev outlines the process of achieving these strategic goals:
identify which elements of an innovation need protection
choose the appropriate IP assets, such as copyright, trade secrets, or patents
leverage those assets to maximize their value
“But I think what is changing, and what will likely continue to change and needs to change, is the Canadian innovation ecosystem,” he shares. “It needs strategic advice on managing innovation into IP and eventually leveraging it down the road. I don’t think the industry has really met that challenge yet.”
According to the Canadian Intellectual Property Office’s (CIPO) IP Canada Report 2024, the country remains a significant international destination and source of IP rights. CIPO received over 134,000 patents, trademarks, and industrial designs from other countries in 2023 and from Canadians in foreign jurisdictions in 2022, despite lingering economic headwinds post-pandemic.
In 2023, 82 percent of patent applications in Canada were filed through the Patent Cooperation Treaty (PCT) system, which saw an eight percent decrease from the previous year, while direct filing remained stable, declining only one percent, continuing a gradual decade-long decline. The PCT system simplifies and coordinates the process for obtaining patents in over 150 member countries, but it doesn’t grant a single global patent.
Throughout 2023, 9,045 designs were filed in Canada, an increase of two percent over the previous year. For 91 percent of all the industrial design filing activity, non-residents accounted for 8,265 designs, a one percent increase from 2022. Designs received from residents increased by seven percent, totalling 780 filings. Unlike patents and trademarks, design filings increased in 2023, returning to a long-term growth trend that has risen by 69 percent over the past 10 years.
The IP Canada Report also outlines IP trend activity, with the following statistics suggesting the country’s IP ecosystem remains resilient:
Patents
35,620 filings in 2023, a six percent decrease from the previous year
Trademarks
71,214 applications, down by three percent, marking two consecutive years of decline and the first since the 2008–09 financial crisis
Industrial Designs
9,045 filings, up by two percent, driven mainly by non-resident applications
Plant Breeders’ Rights
394 applications, a three percent increase from 2022
10-year growth rates
Patents: +three percent
Trademarks: +43 percent
Industrial Designs: +69 percent
Plant Breeders’ Rights: +21 percent
Industrial Designs
9,045 filings, up by two percent, driven mainly by non-resident applications
IP Activity Abroad by Canadians in 2022
Patents: -four percent
Trademarks: -16 percent
Industrial Designs: -two percent
10-year growth abroad: -five percent for patents, +84 percent for trademarks, and +32 percent for industrial designs
The firm has firmly established its reputation for top-tier service and expertise that exceeds client expectations.
“Our clients have direct access not only to the people who manage their files but to the leaders who manage the firm,” says principal Neil Fineberg. “We’re a client-centric firm and it’s a core part of our practice.”
That accessibility and responsiveness to clients’ practical needs were the primary drivers prompting Fineberg and law partner Kavita Ramamoorthy to structure accordingly, enabling the team to deliver an adaptive, personalized experience in a highly competitive market. Both partners are patent agents qualified in various aspects of intellectual property law. This allows the firm’s talent to shine in patent litigation, where much of its work stems from contentious issues in the pharmaceutical patent litigation space.
“We’ve ensured that we’ve built our team with the needs of the work in mind,” Fineberg explains, noting that several legal team members have scientific backgrounds and graduate degrees that add depth of knowledge to their specialist areas.
While the firm maintains a straightforward and sharp focus on personalized client service, its team prioritizes staying ahead of patent jurisprudence and ever-changing strategic and client business concerns to navigate that landscape effectively.
Meanwhile, they are also examining the rapid advancement of AI technologies within the legal industry and the challenges and opportunities it presents.
“One of the big disruptions that has landed on us is AI, and it’s going to change the nature of the practice,” he reflects. “AI has been part of many of the tools we’ve been using for a long time, but only operating in the background. It’s evolving at an exponential pace, and for the same reason, you cannot ignore it, and you also can’t jump in with both feet.”
Fineberg points out that the Court has concerns about AI’s capabilities in drafting submissions. In light of those concerns and the state of technology today, Fineberg does not use AI for that purpose. A better use, he says, involves using AI to assist in managing and processing large volumes of information. Overall, the firm is exploring AI’s potential to work more efficiently and pass that efficiency on to clients to provide a better work product at a lower cost.
Fineberg Ramamoorthy LLP is raising the bar with its legal expertise, client service and experience, and thoughtful approach to fast-advancing technology. These strengths keep the firm at the forefront of the intellectual property field, ensuring tailored services that achieve optimal client outcomes.
What the future holds for the Top Intellectual Property Law Firms
PwC Canada’s Georgiev says, “I think the main issue is there’s a lot of investment happening in the private and public sectors, especially at universities, where we pour a lot of money into technology development.
However, what we get back commercially is very little. The key is better use of the IP system to support, leverage, and monetize all that innovation. This is where IP firms need to step in, both at the private and public levels.
The foundational work, such as patent filing and prosecution, has been done well by the Canadian ministry for ages, so there’s little differentiation among firms there. The real opportunity lies in providing more strategic services, including transactional work, which is part of the broader strategic chain. I believe this is where IP firms that invest will begin to truly stand out from the rest.”
From Hicks’ perspective at Intellectual Property Ontario, “One of the ongoing developments in law practice that will impact IP law firms in Canada, and elsewhere, is the expanded use of AI in docket management and document drafting, including IP policies, patent applications, and agreements.
While many of these tools are still in their infancy, they will quickly become the industry standard, and firms that can’t deploy them will be at a competitive disadvantage. Additionally, law firms will need to provide holistic IP guidance that goes beyond drafting and filing activities. This guidance should cover a broad range of IP topics, including commercialization, to fully support Canadian clients’ growth and ensure their competitiveness in the global marketplace.”
Canadian Lawyer asked readers from across Canada to vote on intellectual property law boutiques. They were asked to rank the top firms from a preliminary list, with a chance to nominate a firm that was not on the list. The respondents’ rankings were based on the firms’ regional service coverage, client base, notable mandates, service excellence and legal expertise.
To be considered in the vote, firms were required to have the majority of their business come from IP law. A points system was also used to determine the winners. The quantitative results were combined with the Lexpert peer survey results, where applicable, along with feedback from respected senior members of the bar and regional diversity considerations.