This is another thing which I'm sure many of us have considered, especially most recently. I've been giving this possibility a lot of thought too.

But I have to say that the possibility of outside influence on action/inaction at the USPTO is, IMO, a bit of a stretch. Before I explain why I feel this way, I must say that this topic may be more worthy of discussion at this moment in time because, if we choose to email the USPTO en masse, this may be something worth including to get the desired attention to the matter. But maybe not.

So why do I feel it's a stretch? Well, I put myself in the shoes of an examiner (who may have been contacted by an outside "interested party" flashing money). We're talking about committing a crime, a serious crime where, if caught, you're absolutely ruined. An extremely high risk proposition (though I'm sure someone will advise that our prisons are chalk full of folks who succummed to the temptation). And how to hide the money? How to fully "enjoy" it?

If I were in a position of influence/control (e.g., the examiner) within the USPTO, how would I pursue maximum personal gain/exploitation of the situation - and let's be specific for discussion sake - on the '336?

First, I'd recognize the risk. Then I'd consider methods of mitigating that risk.

The one thing I WOULD NOT DO is involve some unknown co-conspirator (deep-pocket industrialist or coalition). The possibility of exposure would be wildly increased, and there would be a complete loss of control over the situation. Is your co-conspirator doing this sort of thing as a routine, common action? Would you even know? If so, how many people, inside and outside the USPTO, are involved? If something in the cycle "breaks" in another such endeavor (e.g., an examiner be struck with a case of "honesty", and confesses his crime), will it lead to exposure of the act in which I am involved? Nope, I'd more "go it alone".

It ain't too tough to figure out. Co-owner - PTSC. Publicly traded. Very cheap shares. Very big potential. Positive USPTO action is critical. Time is running out.

Identify people in your life that you truly know and trust. Get money to them (gift or under the table). Buy stock via friends/family. Have them buy their own (their "compensation"). Load up. Arrange for family/friends to "gift" proceeds, after taxes, on the money I invested through them, back to me in annual installments (at this point tax free to me) up to that year's per-person gifting limit (currently $13K/year/person I believe). With only five people involved with me, that would be a net $65K/year to me, above board, until the proceeds are exhausted. Then there is the possibility of passing money under the table. There would probably be a great deal more (than the alternative approach) freedom to hold and enjoy the proceeds without drawing nearly as much attention (worst case = equal attention).

It's a little complicated, but the safest approach offerring some level of control and an opportunity to mutually benefit myself and those known people involved.

Now, having taken that little stroll down the criminal "thought path", I conclude that those we may suspect (examiners/their superiors) would also stroll down this same "thought path", and reach the same conclusion.

But here everything in the "suspicion" falls apart.

How long would it reasonably take to accumulate shares (through/with others)?

Once those shares are accumulated, long long do you wait before pulling the trigger (i.e., killing the re-exam)? Time is running out (patent expiration) and more "validity time" should yield more income.

Would YOU hold out this long?

FWIW,

SGE