Jolene S. Fernandes

Senior Counsel


Jolene S. Fernandes, J.D., Ph.D., is a senior counsel and intellectual property lawyer with Foley & Lardner LLP. Dr. Fernandes works with clients on various intellectual property matters, including prior art searching and patentability assessment, drafting patent applications, the prosecution of U.S. and foreign patents, client suite due diligence, IP strategy and portfolio management, drafting and analyzing interinstitutional agreements and licenses, and drafting invalidity and non-infringement opinions. Her technical experience includes molecular diagnostic/theranostic methods encompassing various next-generation sequencing (NGS)-based platforms, biological therapeutics, including antibodies, peptides, chimeric proteins, antisense and siRNA oligonucleotides, and stem cells, nutraceuticals, nanocarrier drug delivery systems, and biological applications of microfluidics, including ophthalmic disease discrimination, and high throughput screening methods. She is a member of the Chemical, Biotechnology & Pharmaceutical Practice.

Dr. Fernandes was a summer associate with Foley in 2012. She also served as a judicial extern to the Hon. James J. Di Cesare of the Superior Court of California, County of Orange. During her tenure at the California Institute of Technology, Dr. Fernandes worked as a scientific database curator at WormBase Consortium. She also worked as a research assistant at Schepens Eye Research Institute.


Dr. Fernandes earned her law degree from the University of California, Irvine School of Law (J.D., 2013), where she was staff editor (2011-2012) and research editor (2012-2013) for the UC Irvine Law Review and received the faculty award in patent law, property law, advanced legal writing, and reproductive technologies. She also received the Dean's award in evidence, trademark law, antitrust and IP, and land use law and was the third place winner of the 2012 IDEA Student IP Writing Competition. She earned her Ph.D. in biology, with a specialty in molecular biology and developmental genetics, from the California Institute of Technology in 2007, and her B.S., summa cum laude, in biology from Suffolk University in 2000.


Dr. Fernandes is fluent in Hindi.


Dr. Fernandes is admitted to practice law in the State of Massachusetts. She is also admitted before the United States Patent & Trademark Office.

Selected Publications

  • “LDT Proposals: Concerns about the FDA’s proposal LDT regulations on test providers and patients,” Advanced Healthcare Network for Laboratory (March 14, 2016)
  • “Laboratory Developed Tests (LDTs) – An emerging area of FDA regulation,” Advance Healthcare Network for Laboratory (December 28, 2015)
  • “Dueling Records: Are Statements in Your 510(k) Putting Your Patents at Risk?” BNA Bloomberg 210 (October 30, 2015)
  • “Defensive Publication: An Alternate Way of Maintaining Your Turf in a Competitive Marketplace,” Emerging Company Exchange (April 3, 2014)
  • “Perfecting Pregnancy via Preimplantation Genetic Screening: The Quest for an Elusive Standard of Care,” 4 UC Irvine L. Rev. 1295 (2014)
  • “Duty to Deal: The Antitrust Antidote to the Gene Patent Dilemma,” 3 UC Irvine L. Rev. 101 (2013)
  • “Worm Phenotype Ontology: Integrating Phenotype Data Within and Beyond the C. elegans Community,” 12 Bio-Medical Cent. Bioinformatics 32 (2011)
  • “The tailless Ortholog nhr-67 Regulates Patterning of Gene Expression and Morphogenesis in the C. elegans Vulva,” 3 PLOS Genetics e69 (2007)
  • “Automatic Categorization of Diverse Experimental Information in the Bioscience Literature,” 13 Bio-Medical Cent. Bioinformatics 16 (2012)
  • “WormBase: A Comprehensive Resource for Nematode Research,” 38 Nucleic Acids Res. D463 (2010)
  • “The Caenorhabditis elegans Vulva: A Post-embryonic Gene Regulatory Network Controlling Organogenesis,” 105 Proc. Nat’l Acad. Sci. 20095 (2008)
  • “WormBase 2007,” 36 Nucleic Acids Res. D612 (2008)
  • “Transcriptional Network Underlying Caenorhabditis elegans Vulval Development,” 102 Proc. Nat’l Acad. Sci. 4972 (2005)
  • “A Reporter for Amyloid Precursor Protein Gamma-secretase Activity in Drosophila,” 12 Hum. Molecular Genetics 2669 (2003)
  • “Gene Expression is not Regulated by Estrogen and/or Progesterone in the Ocular Surface Epithelia of Mice,” 77 Experimental Eye Res. 59 (2003)