Melanie Szweras

Partner

Toronto, 416.957.1678

Practice Group(s)

Patents
Life Sciences
Industrial Designs
Litigation
Licensing & Transactions
Regulatory, Advertising & Marketing

Education

B.Sc. (Genetics), University of Toronto, 1994
Ph.D. (Genetics), University of Toronto, 2000
LL.B., Osgoode Hall Law School, 2003

Qualifications

Admitted to the Ontario Bar, 2004
Registered Canadian Patent Agent, 2006
Registered United States Patent Agent, 2006

Professional Memberships

American Intellectual Property Law Association (AIPLA)
Intellectual Property Institute of Canada (IPIC), Fellow
Toronto Intellectual Property Group (TIPG)

Melanie Szweras

B.Sc., Ph.D. (Genetics), LL.B.

Melanie Szweras is a partner with Bereskin & Parr LLP.

Melanie's practice focuses on biotechnology and pharmaceutical patents including drafting and prosecution of such applications; providing validity and freedom to operate opinions as well as being involved in related litigation matters. She also works with the firm's Licensing & Transactions practice group, as well as the regulatory, marketing & advertising group advising on matters of regulatory law.

Melanie received numerous awards throughout her education including the Medical Research Council Studentship and a University of Toronto Open Scholarship. She was also the Bronze Medalist for her class of 2003 at Osgoode Hall Law School.

Melanie has lectured on aspects of Biotechnology and The Application Process at the University of Toronto’s Patent & Trade Secrets Law course. 

Melanie is a past Chair of the Intellectual Property Institute of Canada’s (IPIC) Biotechnology Patents Committee. Melanie is also a Co-Chair of the Case Law Reviews Subcommittee for the American Intellectual Property Law Association (AIPLA) Biotechnology Committee.

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Melanie Szweras

Melanie Szweras

B.Sc., Ph.D. (Genetics), LL.B.

Partner
Toronto      Ph: 416.957.1678

Practice Group(s)
Patents
Life Sciences
Industrial Designs
Litigation
Licensing & Transactions
Regulatory, Advertising & Marketing

Education
B.Sc. (Genetics), University of Toronto, 1994
Ph.D. (Genetics), University of Toronto, 2000
LL.B., Osgoode Hall Law School, 2003

Qualifications

Admitted to the Ontario Bar, 2004
Registered Canadian Patent Agent, 2006
Registered United States Patent Agent, 2006

Melanie Szweras is a partner with Bereskin & Parr LLP.

Melanie's practice focuses on biotechnology and pharmaceutical patents including drafting and prosecution of such applications; providing validity and freedom to operate opinions as well as being involved in related litigation matters. She also works with the firm's Licensing & Transactions practice group, as well as the regulatory, marketing & advertising group advising on matters of regulatory law.

Melanie received numerous awards throughout her education including the Medical Research Council Studentship and a University of Toronto Open Scholarship. She was also the Bronze Medalist for her class of 2003 at Osgoode Hall Law School.

Melanie has lectured on aspects of Biotechnology and The Application Process at the University of Toronto’s Patent & Trade Secrets Law course. 

Melanie is a past Chair of the Intellectual Property Institute of Canada’s (IPIC) Biotechnology Patents Committee. Melanie is also a Co-Chair of the Case Law Reviews Subcommittee for the American Intellectual Property Law Association (AIPLA) Biotechnology Committee.

Articles

Medical Diagnostics Patenting Faces Increased Challenges in Canada
Melanie Szweras and Carmela De Luca
August 11, 2016
Download PDF
“But for”, “Could” and “Would”: The Patent Damages Approach to Non-infringing Alternatives
Scott MacKendrick and Melanie Szweras
August 5, 2016
Download PDF
US Supreme Court Declines to Review Ariosa v. Sequenom: A Missed Opportunity to Clarify the Eligibility of Diagnostic Patents
Melanie Szweras and Ainslie Parsons
June 29, 2016
Download PDF
Utility - The Heightened Disclosure Pendulum Swings Again
Melanie Szweras and Scott MacKendrick
March 14, 2016
Download PDF
Canada to Consider Gene Patent Eligibility: Looking Abroad for Insight
Melanie Szweras and Teresa MacLean
March 2, 2016
Download PDF
Protecting Life Science Innovations in Canada – A Year in Review
Noel Courage and Melanie Szweras
February 12, 2016
Download PDF
TPP IP Chapter Summary Released – Are More IP Changes Coming?
Scott MacKendrick and Melanie Szweras and Amrita V. Singh
October 6, 2015
Download PDF
Patent Subject-Matter Eligibility in Light of the Revised USPTO Guidance and the Latest Myriad Decision
Melanie Szweras and Amy Dam
December 19, 2014
Download PDF
Promise of the Patent Post-Plavix: Three Steps Forward, One Step Back
Melanie Szweras
July 11, 2014
Download PDF
Does Success Equal Patentability?
Melanie Szweras
April 1, 2014
Download PDF
Federal Court Considers “Functionally” - Limited Claims in a Biologic Case
January 22, 2014
Download PDF
The Myriad Decision: What is the Impact?
Melanie Szweras and Carmela De Luca
June 20, 2013
Download PDF
Gene Patents – Partially Saved
Matthew Cahill and Carmela De Luca and Melanie Szweras
June 14, 2013
Download PDF
Determining Patentable Subject Matter in the United States and Canada
Micheline Gravelle and Melanie Szweras
April 10, 2012
Download PDF
The United States Supreme Court Invalidates Personalized Medicine Claims
Micheline Gravelle and Melanie Szweras
March 21, 2012
Download PDF
Patentability of Diagnostic Claims In light of Bilski (U.S.) and Amazon (Canada)
Micheline Gravelle and Melanie Szweras
November 30, 2010
Download PDF
What to do after Bilski?
Micheline Gravelle and Melanie Szweras
October 1, 2010
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Speaking Engagements

Medical Treatment & Diagnostic Methods in Canada & the US Webinar

Intellectual Property Institute of Canada (IPIC)
April 15, 2016
Melanie Szweras will be speaking on the Medical Treatment & Diagnostic Methods in Canada & the US Webinar.
 
This webinar will address:
  • Recent caselaw relating to the patentability of methods of medical treatment and diagnostic methods in the US and Canada;
  • CIPO’s Revised Examination Practice Respecting Medical Uses and Examination Practice Respecting Medical Diagnostic Methods; and
  • Tips and tricks in drafting medical treatment and diagnostic method claims, and responding to objections.
This webinar is brought to you by IPIC's Life Sciences Committee and will be moderated by Andrew BernsteinTorys LLP (Toronto)
 
For more information and to register click here.

Patent Seminar - IP Strategies and Subject Matter Eligibility

Bereskin & Parr
MaRS Discovery District
February 4, 2016

Join us on Thursday, February 4th as we discuss top trends in IP and hear from Bereskin & Parr's top professionals. Engage, learn and discover pertinent IP issues for Engineering, Technology and Life Sciences inventions and how they apply to the development of your IP strategy and subject matter eligibility.

Agenda:

 

8:30am  -  9:00am  - Registration and continental breakfast
IP Issues for Engineering and High Tech Inventions  - Moderated by Bhupinder Randhawa

 

9:00am  -  9:50am  - Developing a complete IP strategy from Innovation to Monetization with Bhupinder Randhawa
9:50am  -  10:30am  - Current IP Issues for Software and other High Tech Inventions with Isi Caulder
10:30am  -  10:45am  - Coffee break
10:45am  -  11:20pm  - Challenging (and Defending) Issued Patents with James Raakman
11:20am  -  12:00pm  - Managing IP Risks with Victor Krichker
12:00pm  -  1:00pm  - Lunch and afternoon registration

IP Issues for Life Sciences Inventions:  - Moderated by Micheline Gravelle

1:00pm  -  1:45pm  - Designing a complete IP strategy for Life Sciences companies with Noel Courage
1:45pm  -  2:30pm  - Disclosure and Utility Requirements for Life Sciences patents with Mike Fenwick
2:30pm  -  2:45pm  - Coffee break
2:45pm  -  3:25pm  - Subject matter eligibility for Biologics with Melanie Szweras
3:25pm  -  4:00pm  - Subject matter eligibility for Diagnostic Methods with Laurence MacPhie

Biodiversity Institute of Ontario

University of Guelph
Guelph, Ontario
January 14, 2016

Melanie Szweras, Ian McMillan and Laurence MacPhie are giving a talk to the Biodiversity Institute of Ontario at the University of Guelph.

Bereskin & Parr and ventureLAB

Practical Patent Strategies for Entrepreneurs and Technology Managers
Markham, ON
November 18, 2014

Bhupinder Randhawa and Melanie Szweras, members of Bereskin & Parr’s Electrical & Computer Technology and Life Sciences practice groups, will be presenting on "Practical Patent Strategies for Entrepreneurs and Technology Managers" at the Markham Convergence Centre on November 18th from 8:00 a.m. to 1:00 p.m. 

Hosted by Bereskin & Parr and ventureLAB, attendees will have the opportunity to learn more about practical patent strategies and delve even deeper into their area of interest by participating in one of the three breakout sessions.

Click here to register for the event.

The DNA of the Patent Process – A Primer for Biologists and Chemists

Toronto, ON
October 6, 2014

Melanie Szweras and Michael Fenwick will be speaking on “The DNA of the Patent Process – A Primer for Biologists and Chemists” at MaRS Innovation’s Lunch and Learn on Monday, October 6th from 12:00 p.m. to 1:00 p.m. Bereskin & Parr LLP and MaRS Innovation will be sponsoring the event. 

Topics that will be covered include a background of patents for biologists and chemists, and recent court decisions that impact your ability to obtain a patent.

World Intellectual Property Day

Patenting Biomarkers
Guelph, ON
April 28, 2014

Melanie Szweras will be speaking at World Intellectual Property Day on "Patenting Biomarkers" at Guelph University’s Ontario Veterinary College (OVC).

Adrienne Bieber McNeil will be attending this event.

Institute of Medical Science Students’ Association (IMSSA)

University of Toronto Career Seminar Series
Toronto, ON
April 18, 2011

Melanie Szweras of Bereskin & Parr LLP will be speaking at the Donnelly Centre for Cellular and Biomolecular Research in the Black Seminar Room at 12:00 p.m.

For more information go to: http://imssa.sa.utoronto.ca/

Event Attendance

AIPLA 2016 Annual Meeting

American Intellectual Property Law Association (AIPLA)
Washington, DC
October 27 - 29, 2016

Join Don Cameron, Ken Bousfield, Isi Caulder, Melanie Szweras, Tony Orsi, and Paul Horbal at the AIPLA 2016 Annual Meeting in Washington, DC.

The meeting takes place at the Marriott Wardman Park Hotel and provides an opportunity to network with IP colleagues, and learn about the latest breakthroughs in IP standards, laws and policies.

For more information, please click here.

2016 BIO International Convention

Biotechnology Innovation Organization (BIO)
San Francisco, CA
June 6 - 9, 2016

Micheline Gravelle, Patricia Folkins, Melanie Szweras, David St-Martin and Carmela De Luca will be attending the 2016 BIO International Convention.

This influential biotech meeting offers powerful business partnering, invaluable education sessions and networking with the industry’s best. BIO 2016 covers a wide spectrum of life science innovations and applications with attendees representing the world’s leading biotech and pharma companies, CROs and CMOs and academic institutions. The international convention, with one third of attendees coming from outside the United States, represents many industries including biofuels, biomanufacturing, cell therapy, drug discovery, genomics, nanotechnology, cell therapy and more.

To learn more about BIO International and the conference, please click here.

Backpack to Briefcase (b2B) Industry Night: Careers in Health Sciences

University of Toronto
February 25, 2016

On Thursday, February 25th Melanie Szweras will be attendiing the Backpack to Briefcase (b2B) Industry Night: Careers in Health Sciences event.

The networking event focuses on careers in Health Sciences. Bringing together University of Toronto Faculty of Arts & Science alumni with current U of T students.

For more information, please click here.

American Intellectual Property Law Association

Annual Meeting 2015
Washington, DC
October 22 - 24, 2015

Don Cameron, Ken Bousfield, Melanie Szweras, Tony Orsi and Paul Horbal will be attending the 2015 American Intellectual Property Law Association Annual Meeting, October 22-24 at the Marriott Wardman Park Hotel in Washington, DC.

Bereskin & Parr is also sponsoring the LGBT Diversity Reception.

2015 BIO International Convention

2015 BIO International Convention
Philadelphia, PA
June 15 - 18, 2015

Micheline Gravelle, Patricia Folkins, David St-Martin, Melanie Szweras and Carmela De Luca will be attending the 2015 BIO International Convention.

This influential biotech meeting offers powerful business partnering, invaluable education sessions and networking with the industry’s best. BIO 2015 covers a wide spectrum of life science innovations and applications with attendees representing the world’s leading biotech and pharma companies, CROs and CMOs and academic institutions. The international convention, with one third of attendees coming from outside the United States, represents many industries including biofuels, biomanufacturing, cell therapy, drug discovery, genomics, nanotechnology, cell therapy and more.

To learn more about BIO International and the conference, please click here.

Girls' Leadership in Engineering Experience (GLEE)

University of Toronto
Toronto, ON
May 23, 2015

Isi Caulder will be a panelist at the Girls' Leadership in Engineering Experience (GLEE) career panel on Saturday, May 23rd. The event is a unique opportunity for new students to speak to and learn from female U of T Engineering students, professors and alumni – who share a passion for improving lives through engineering. The full day program is designed to encourage and foster leadership among female engineers.

To learn more about the event, please click here.

UJA Professional Women

Toronto, ON
November 6, 2014

Melanie Szweras and Noelle Engle-Hardy will be attending the United Jewish Appeal (UJA) Professional Women event on November 6th at 5:30 p.m.

The networking event will include a panel of Toronto’s best and brightest of female minds in the business, finance, law and related industries. 

AIPLA

Annual Meeting
Washington, DC
October 23 - 25, 2014

Don Cameron, Robert Storey, Ken Bousfield, Ian McMillan, Noel Courage, Isi Caulder, Tony Orsi, Melanie Szweras and Paul Horbal will be attending the AIPLA Annual Meeting. 

The Annual Meeting offers attendees the opportunity to connect with others in the IP industry from around the world, and to learn about such topics as: post-grant proceedings after the AIA; 101 invalidation in view of CLS Bank, Bilski, and Prometheus; IP and Regulatory Protection in the Pharmaceutical Field in Latin America; the Unified Patent Court in the European patent litigation landscape; best practices in Trade Secret Protection; the latest in Cyber Security Law and Standards; and the Year in Review: Trademark, Copyright, Trade Secret and Patents.

IPIC

88th Annual Meeting
Halifax, NS
October 15 - 17, 2014

Carmela De Luca will be speaking at Intellectual Property Institute of Canada's (IPIC) 88th Annual Meeting on "Biotechnology Patents – Surviving Subject Matter in the Post Prometheus/Myriad World" from 2:45 p.m. to 3:45 p.m. on October 16th. Stephen Beney, Melanie Szweras, Meghan Dillon and Jason Hynes will also be attending this conference.

IPIC is a Canadian professional association of patent agents, trade-mark agents and lawyers practising in intellectual property, and provides leadership and networking opportunities within more than 35 committees.

Osgoode University

On Campus Interviews
October 9 - 10, 2014

Melanie Szweras and Margaret Seko will be attending.

Biotechnology Industry Organization (BIO)

Bio International Convention
San Diego, CA
June 23 - 26, 2014

Micheline Gravelle, Melanie Szweras, Carmela De Luca and David St-Martin will be attending the BIO International Convention on June 23-26th

Bereskin & Parr will be one of the exhibitors at the largest global event for the biotechnology industry. The BIO International Convention attracts the biggest names in biotech, offers key networking and partnering opportunities, and provides insights and inspiration on the major trends affecting the industry. The event features keynotes and sessions from key policymakers, scientists, CEOs and celebrities.

Please come visit us in Canada Place at booth #2228. Click here to learn more about the conference.

The Town of Richmond Hill

MedEdge Summit 2014
Richmond Hill, ON
June 19, 2014

Tony Orsi and Melanie Szweras will be attending the MedEdge 2014 Summit presented by Town of Richmond Hill, ventureLAB, and the Regional Municipality of York. Bereskin & Parr will be an exhibitor at the event, which will be held from 8:00 a.m. to 2:00 p.m.

The annual event is a catalyst for advancing life science ideas, connections and innovation into commercial success in York Region and the GTA’s life sciences sector. This year's theme will be: “Experience the Journey: Innovations in Personalized Medicine”. Speakers will share their successes, challenges, best practice approaches and lessons learned, and attendees will have the opportunity to learn about innovations in personalized medicine.

Professional Memberships

American Intellectual Property Law Association (AIPLA)
Intellectual Property Institute of Canada (IPIC), Fellow
Toronto Intellectual Property Group (TIPG)

 

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