Duane M. Byers


Duane Byers has prosecuted over two thousand US and foreign patent utility and design applications, has prosecuted over three thousand US and foreign trademark applications, has litigated intellectual property cases in more than 20 federal and state courts in the US, and has assisted clients with adversarial intellectual property proceedings in North America (Canada and Mexico), South America, Europe, Oceania, and Asia. He strives to understand each client’s goals and meet or exceed them in the most cost-effective fashion possible.

A Nixon Vanderhye Shareholder and registered Patent Agent, Duane Byers is a skilled IP lawyer with extensive experience in patent, trademark, copyright, and trade secret litigation; patent, trademark, and copyright prosecution; and inter partes patent and trademark proceedings before the U.S. Patent and Trademark Office (USPTO).

While regularly representing startups, universities, and multinational corporations, Duane draws on his engineering background and experience to guide his patent practice, which is concentrated in the chemical, mechanical, and electromechanical technologies, ranging from small molecule pharmaceuticals to semi-conductors, from optical fibers to medical devices, from stereolithography to intaglio printing, and from engines to espresso machines.  He also maintains an active domestic and international trademark practice with more than 1,000 live U.S. trademark applications and registrations for clients in all fields of endeavor.  He has prosecuted trademark applications in over 70 countries and has opposition experience in over 40 countries.  Duane’s clients benefit from this litigation and prosecution experience when seeking his counsel on opinion and licensing matters.  

Before law school, Duane spent three years as a DuPont engineer after receiving his undergraduate degree in chemical engineering.  At DuPont, he participated in the research, development, and usage of emulsion and petrochemical technologies throughout the contiguous United States and Alaska, including activities related to the licensing and transfer of IP to multinational companies based in Europe, Asia, and South America.  During part of this time, he enjoyed living in the Pacific Northwest, and having a technical support area from San Francisco north to the Canadian border and east through Montana.

  • Virginia
  • U.S. Patent and Trademark Office
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. District Court for the Eastern District of Virginia
  • Supreme Court of Virginia
  • J.D., University of Virginia School of Law
  • B.S. in Chemical Engineering, with distinction, University of Virginia
  • Martindale-Hubbell, AV Preeminent Rating
  • Tau Beta Pi - Integrity and Excellence in Engineering
  • American Chemical Society
  • American Institute of Chemical Engineers
  • American Intellectual Property Law Association
  • Federal Circuit Bar Association
  • International Trademark Association (INTA)
  • Tau Beta Pi National Engineering Society
  • Virginia Bar Association

Get To Know Duane

What’s your greatest accomplishment?

Being part of a wonderful family, including my wife, son, and daughter.

What are your hobbies?

Enjoying time with my family, being outdoors, biking, hiking, traveling, and watching European football (especially Juventus, Liverpool, and Dortmund).