Michael N. Mercanti
Our Team
Michael  N. Mercanti


Trademarks & Unfair Competition


  • Case Western Reserve University, Juris Doctor
  • University of the Sciences (Philadelphia College of Pharmacy), Bachelor of Science


  • New York State Bar
  • New Jersey State Bar
  • U.S. Patent and Trademark Office
Michael N. Mercanti
Tel: 212-661-8000
Michael N. Mercanti co-founded the firm of Lucas & Mercanti in 2002. His vision was to build a firm of lawyers with exceptionally strong technical backgrounds who would provide strategic advice and advocacy to companies whose success depends on rapid commercialization and strong worldwide protection of their innovations. 

Michael is recognized as a recommended expert in patent prosecution in the 2014 and 2015 editions of IAM Patent 1000: The World’s Leading Patent Practitioners.  The most significant aspect of his global practice is representing pharmaceutical, life sciences and biotech companies. His broad technical expertise includes prodrug technologies such as polymer conjugation, new chemical entities (nce’s or small molecules), oligonucleotides, antibodies, and related nucleotides; drug and formulation development for oral, injectable, topical and inhalation therapies; and pharmaceutical excipients and film coatings for both immediate and controlled release of active ingredients.

With more than 25 years of experience in the field and an undergraduate degree from the Philadelphia College of Pharmacy and Science, Michael has the technical strength and keen legal acumen that enable him to not only address the complexities involved in drafting and prosecuting patents for clients in the life sciences sector, but also to make valuable contributions to their IP-related growth strategies. For example:

Developing IP Legal Strategies that Reflect Competitive Realities: Evaluating competitor patent portfolios is a significant way Michael contributes to his clients’ strategic planning. He also provides clients with guidance on designing around patent claims and developing patent claim strategies which are difficult for competing companies to design around. He often works with international patent counsel to improve patent applications before entering into the USPTO for maximum claim scope, enablement and written description.  

Product Life Cycle Management: Michael assists clients with ANDA challenges, filings made under section 505(b)(2) of the Federal Food, Drug and Cosmetic Act and with other tactics to maximize client exclusivity and product revenue streams. 

Mergers, Licensing and Other Strategic Alliances: On behalf of acquirers and targets, Michael conducts pre-merger due diligence investigations and evaluations. Licensing transactions are a key strategy in the pharma industry today, and since Enzon Pharmaceuticals licensed its PEG-interferon patents to Schering-Plough – patents that Michael wrote and prosecuted – representing clients in licensing transactions, including cross-border transactions, has been a growing aspect of his practice.

Opposition Proceedings: Michael has experience in US Patent Office re-examination proceedings as well as in opposition proceedings involving the European Patent Office and the Indian Patent Office.

Identifying Opportunities to Broaden Patent Portfolios: Michael contributes to his clients’ success by meeting with in-house counsel, scientists and other strategic personnel to identify patentable aspects of drug development and clinical data which might otherwise have been overlooked.  

For larger clients, he is able to handle whatever tasks are required.  For smaller clients, Michael draws upon his experience as a former in-house counsel to help identify potentially patentable inventions, to assist in setting up systems for management of clients’ IP portfolios, establishing patent committees, prioritizing filings, and developing global IP portfolios.  

Apart from pharma, Michael has collaborated with foreign patent attorneys to obtain U.S. patent protection for prestigious automobile manufacturers and luxury goods and furniture manufacturers.



  • American Bar Association
  • American Intellectual Property Law Association
  • N.Y. Intellectual Property Law Association
  • International Association for the Protection of Intellectual Property (AIPPI)
  • Philadelphia College of Pharmacy and Science Alumni Association