Dr. Michelle McMullen leverages her 20 years of intellectual property experience and her understanding of biotechnology, pharmaceutical and medical technologies to offer clients real world perspective and guidance.  Her strategic patent counseling includes developing comprehensive IP strategies for licensing, patent-related disputes, patentability requirements and freedom to operate concerns.

Michelle’s practice includes patent procurement, patent enforcement and global patent estate management, in the areas of biologics, stem cell technologies, medical device, peptide and cell therapeutics, metabolomics, diagnostics, vaccines, regenerative medicine, water treatment and food processing. 

When representing biotechnology companies, university clients and start-ups, Michelle works closely with licensing, regulatory, litigation and foreign counsel to strategically coordinate international patent prosecution.  Michelle’s IP diligence practice includes assessment of the strength and weakness of client and third party patent portfolios and recommendations for maximizing value of patent portfolios.

Education

  • Northwestern University (Ph.D.)
    • Biochemistry, Molecular Biology and Cellular Biology
  • DePaul University College of Law (J.D.)
    • University of Illinois at Urbana-Champaign (B.S.)
      • Microbiology

    Bar Admission

    • Illinois
    • North Carolina
    • Admitted to practice before the United States Patent and Trademark Office

    Court Admissions

    • U.S. District Court, Northern District of Illinois

    Professional Affiliations

    • Association of University Technology Managers (AUTM)
    • Licensing Executive Society (LES)

    Recognition

    • Selected for inclusion in Best Lawyers in America® for Patent Law, 2024-2026
    Publications
    All Publications
    New USPTO IDS Fees Raise Strategic Stakes for Biotech Filings
    Key Takeaways Effective Jan. 19, 2025, the USPTO implemented a new fee framework for IDS submissions, charging up to $800 for applications that list more than 200 references. The change is aimed at curbing over-disclosure and helping examiners focus on the most relevant prior art. Biotech and life sciences applications often generate large volumes of references, making it difficult and costly to selectively curate submissions without risking inequitable conduct claims. Practitioners should approach IDS strategy with care, especially when submitting large volumes of prior art. Recent decisions show that burying key references, even if disclosed, can still leave patents vulnerable if the record suggests the examiner didn’t meaningfully consider them. A series of procedural changes at the U.S. Patent and Trademark Office (USPTO) is
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    New Continuation Fee Among 2025 USPTO Changes Impacting Biotech
    Key Takeaways: The U.S. Patent and Trademark Office (USPTO) has implemented a Continuation Application Fee (CAF) for certain continuing applications filed more than six or nine years after their earliest benefit date. Biotech and life sciences applications, particularly in Art Unit 1600, are more likely to trigger the fee due to long pendency and continuation-heavy strategies. If the CAF isn’t paid on time, priority claims may be silently lost, with no notice from the USPTO. Practitioners and applicants should closely review the timing of any planned or recently filed continuations to preserve the full priority claim. A series of procedural changes at the USPTO is influencing strategy for biotech and life sciences applicants. Over the past year, the agency introduced two new fees and
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