A registered patent attorney with an advanced degree in biomedical sciences, Rebecca McFadyen focuses her practice on all aspects of domestic and international patent prosecution, including inventorship, noninfringement, and invalidity analyses, third-party preissuance submissions, client counseling, and pre-litigation analysis relating to the life sciences and biotechnology technical areas. She works with clients to review, analyze and evaluate intellectual property-related issues to provide a comprehensive overview of the portfolio.

Rebecca has experience in a variety of technologies including DNA and protein therapeutics, biomarkers, stem cell technologies, genetic engineering, transgenic animals, gene therapy, molecular and cellular biological screening assays, vaccines, peptide/protein therapy and diagnostics, algal fermentation, methods of nucleic acid amplification and various biotechnical research tools.

Education

  • University of Florida Levin College of Law (J.D., 2007)
    • University of Florida College of Medicine (Ph.D., 2004)
      • Biomedical Sciences
    • College of the Holy Cross (B.A., 1998)
      • Biology

    Bar Admission

    • Florida, 2015
    • Georgia, 2008
    • Admitted to practice before the United States Patent and Trademark Office

    Court Admissions

    • U.S. District Court, Southern District of Florida
    • U.S. District Court, Northern District of Georgia

    Professional Affiliations

    • Craig S. Barnard American Inn of Court LIV
      • President, 2023-2024
      • Past Pupillage Group Leader
      • Co-Chair of Mentoring Committee
    • Palm Beach County Florida Association for Women Lawyers (FAWL)
    • Martin County Women Lawyers Association (MCWLA)
    • Georgia Association for Women Lawyers (GAWL)
    • AUTM
    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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