Managing the Duty of Candor Across a Portfolio: A Practitioner's Guide to IDS Practice, Cross-Citation, and Supplemental Examination
By Casey Scott McKay ·
This guide builds a candor program that does not depend on anyone exercising judgment under pressure, which is what fails. It starts by naming who is actually bound and briefing them once, then specifies the three routing rules that close the categories producing most modern unenforceability findings - litigation art, foreign search reports, and regulatory submissions. It covers information disclosure statement mechanics window by window, automatic cross-citation as a docketing action rather than a decision, and the one-line disposition note that forecloses a deceptive-intent inference years later. It works the declaration protocol where the affirmative-misconduct exception lives, then supplemental examination as a cure with an honest assessment of whether the claims survive. It closes with defending an allegation, the privilege problem, and the annual test that settles whether the program works.
IP and Technology > Patent Counseling Transactions | Guide | Published 8 August 2024 - Updated 11 March 2026 | Casey Scott McKay - marksy.us
Summary. This guide builds a candor program that does not depend on anyone exercising judgment under pressure, which is what fails. It starts by naming who is actually bound and briefing them once, then specifies the three routing rules that close the categories producing most modern unenforceability findings — litigation art, foreign search reports, and regulatory submissions. It covers information disclosure statement mechanics window by window, automatic cross-citation as a docketing action rather than a decision, and the one-line disposition note that forecloses a deceptive-intent inference years later. It works the declaration protocol where the affirmative-misconduct exception lives, then supplemental examination as a cure with an honest assessment of whether the claims survive. It closes with defending an allegation, the privilege problem, and the annual test that settles whether the program works.
Keywords: bound individual list · duty briefing · automatic cross-citation · five day routing rule · litigation art intake · foreign search report transfer · regulatory review trigger · IDS timing windows · safe harbor statement · content requirements · disposition in writing · declaration protocol · supplemental examination assessment · reexamination survival analysis · infectious unenforceability · portfolio audit · privilege in defense · pleading challenge · annual test · docketing design
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