Smart & Biggar
A Canadian intellectual-property law firm and patent and trademark agency.
Last updated August 31, 2026
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Overview
Smart & Biggar is the common brand associated with Smart & Biggar LLP, a Canadian intellectual-property law firm, and Smart & Biggar IP Agency Co., a patent and trademark agency formerly known as Fetherstonhaugh & Co. The organization traces its origins to 1890, when patent attorney Frederick Fetherstonhaugh established a Toronto patent practice. Its long development reflects the institutional history of Canadian patent and trademark practice, combining agency work with legal services in intellectual-property matters. The practice expanded early beyond Toronto. An Ottawa office was opened in 1895, and Russel S. Smart joined the organization in 1904 as a young patent agent. Smart, who had studied mechanical engineering at the University of Toronto, later qualified for the Quebec Bar in 1911 and the Ontario Bar in 1922. His progression from patent agency into legal practice helped shape the firm's dual professional identity. He became a partner in 1913, when the agency was known as Fetherstonhaugh & Co., and the legal practice was subsequently associated with the name Fetherstonhaugh & Smart. The firm's history also includes the participation of Harold G. Fox and Oliver M. Biggar. Fetherstonhaugh joined with Fox in 1923 to form Fetherstonhaugh & Fox in Toronto. In 1927, Oliver M. Biggar joined the partnership at Smart's invitation, resulting in the name Smart & Biggar. The firm is therefore not a newly created brand but the continuation of a practice whose identity evolved through successive partnerships and changes in professional scope. Among the firm's notable early matters was its representation of Lightning Fastener Co. and inventor Gideon Sundback in Lightning Fastener v. Colonial Fastener. The case concerned patent infringement relating to an early form of the zipper, and Harold G. Fox worked on the matter with Russel S. Smart and Oliver M. Biggar. It is cited as an important example of the firm's early patent-litigation work. In its modern form, Smart & Biggar serves clients through offices in Ottawa, Toronto, Montréal, Vancouver, Waterloo, and Calgary. The organization is described as having approximately 180 intellectual-property lawyers, patent agents, and trademark agents. Its professional offering centers on intellectual-property law and related patent and trademark agency services. The available reference material does not provide verified information about revenue, ownership, public listing, current leadership, or a separate corporate parent. Accordingly, the firm is best characterized as an active Canadian professional-services brand with a national office network and a longstanding specialization in intellectual property.
History
Smart & Biggar began in Toronto in 1890, when Frederick Fetherstonhaugh founded a patent practice called Fetherstonhaugh & Co. The organization added an Ottawa office in 1895, marking an early expansion beyond its original Toronto base. Russel S. Smart joined in 1904 as a patent agent. He had a mechanical-engineering degree from the University of Toronto and later qualified at the Bars of Quebec and Ontario, in 1911 and 1922 respectively. He became a partner in 1913, and the practice became associated with the name Fetherstonhaugh & Smart. The firm continued to develop through new partnerships. In 1923, Harold G. Fox joined Fetherstonhaugh to establish Fetherstonhaugh & Fox in Toronto. Oliver M. Biggar joined the partnership in 1927 at Smart's request, producing the Smart & Biggar name that became the firm's enduring identity. The organization has maintained a connection between patent and trademark agency practice and legal work in intellectual property. A prominent early matter was Lightning Fastener v. Colonial Fastener. Harold G. Fox, working with Russel S. Smart and Oliver M. Biggar, represented Lightning Fastener Co. and inventor Gideon Sundback in a patent-infringement action involving an early zipper design. The matter is remembered as an example of the firm's early patent expertise and litigation activity. Smart & Biggar subsequently developed into a national Canadian intellectual-property practice. Its modern organization includes Smart & Biggar LLP and Smart & Biggar IP Agency Co.; the latter was formerly known as Fetherstonhaugh & Co. The firm operates offices in Ottawa, Toronto, Montréal, Vancouver, Waterloo, and Calgary. Reference material describes a professional complement of about 180 intellectual-property lawyers, patent agents, and trademark agents. The available sources do not establish a verified founding owner beyond the historical founder, nor do they identify current executives, financial results, public-market status, or a parent group.
- 1927
Smart & Biggar name established
[1]Oliver M. Biggar joined the partnership at Russel S. Smart's invitation, resulting in the Smart & Biggar name.
- 1923
Fetherstonhaugh & Fox formed
[1]Frederick Fetherstonhaugh and Harold G. Fox formed the Toronto patent agency partnership Fetherstonhaugh & Fox.
- 1913
Smart became a partner
[1]Russel S. Smart became a partner, and the legal practice was associated with the name Fetherstonhaugh & Smart.
- 1904
Russel S. Smart joined the practice
[1]Russel S. Smart joined as a patent agent, beginning the association that later produced the Smart & Biggar name.
- 1895
Ottawa office established
[1]The practice expanded beyond Toronto with the establishment of an Ottawa office.
- 1890
Toronto patent practice founded
[1]Frederick Fetherstonhaugh founded the Toronto patent practice that became the historical basis of Smart & Biggar.
Products and positioning
A long-established Canadian specialist in intellectual-property law and patent and trademark agency work, combining legal practitioners with patent and trademark agents across a national office network.
Intellectual-property services
Patent services
Patent agency and legal services associated with protecting and enforcing inventions and other patent rights. The historical firm began as a patent practice, and patent agents remain part of its professional organization.
Intellectual-property services
Trademark services
Trademark agency and legal services covering trademark-related intellectual-property work. These services form part of the organization's contemporary combination of legal practice and specialized agency work.
Legal services
Intellectual-property litigation
Legal representation in disputes involving intellectual-property rights. The firm's early history includes patent-infringement litigation, including the Lightning Fastener v. Colonial Fastener matter involving an early zipper patent.
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