Poor Man’s Opposition at the PTO: Trickery

Several attorneys relayed their experience with my poor man's opposition. One gamey approach that is for the third party to hold its prior art materials until the USPTO issues a notice of allowance and then immediately forwards several important references to the patent applicant the case. The patentee can either (1) suffer the delay of withdrawing the patent from issuance in order to have the new art considered or (2) allow the patent to issue while knowing that its duty of disclosure had not been fulfilled.