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Matthew Herder

Associate Professor of Medicine; Cross Appointed in Law

Schulich School of Law

Email: matthew.herder@dal.ca
Phone: 902-494-2567
Mailing Address: 
Room 321, Weldon Law Building, 6061 University Avenue
PO Box 15000 Halifax, Nova Scotia B3H 4R2
Research Topics:
  • Health law and policy
  • Law and technology
  • Health care policy
  • Health care regulation
  • Health law
  • Intellectual property
  • Law and society


  • BSc (Hons) (Memorial)
  • LLB (Dalhousie)
  • LLM (Dalhousie)
  • JSM (Stanford)

Bar admissions

Ontario, 2004


Professor Herder teaches primarily in the Faculty of Medicine, across the undergraduate and postgraduate curriculums, on a variety of health law topics, including informed consent, patient-physician confidentiality, and regulation of the medical profession. Prior to arriving at Dalhousie, he taught in the areas of bioethics and intellectual property law at Loyola University Chicago’s School of Law.

Areas of supervision:
Intellectual property law and policy, especially patents; research commercialization; regulation of pharmaceuticals, biologics, and medical devices; biotechnology

Research interests

Professor Herder’s research interests cluster around biomedical innovation policy, with particular focus on intellectual property law and practices connected to the commercialization of scientific research. As part of a three-year research project funded by the Canadian Institutes of Health Research, Professor Herder (Principal Investigator) and a team of interdisciplinary researchers are currently collecting empirical evidence about the inter-relationships between commercialization laws, policies, and practices and emerging health researchers. The team will use the collected empirical evidence to explore a series of normative questions about the ongoing commercialization of academic science.

Selected awards & honours

  • 2009 - 2010: Ewing Marion Kauffman Foundation Legal Research Fellow, New York University School of Law

Selected publications

  • Matthew Herder, "Choice Patents" (2013) 52(3) IDEA: The Intellectual Property Law Review 309.
  • Matthew Herder, "Unlocking Health Canada's cache of trade secrets: mandatory registration of clinical trial results" (2012) 184(2) Can Med Assoc J 194.
  • Matthew Herder, "Demythologizing PHOSITA: Applying the Non-Obviousness Requirement Under Canadian Patent Law to Keep Knowledge in the Public Domain and Foster Innovation" (2010) 47:4 Osgoode Hall LJ 695.
  • Matthew Herder, "Patents & The Progress of Personalized Medicine: Biomarkers Research as Lens" (2009) 18 Annals Health L 187.
  • Matthew Herder, "Asking for Money Back—Chilling Commercialization or Recouping Public Trust in the Context of Stem Cell Research?" (2008) 9 Colum Sci & Tech L Rev 203.