37 CFR 41.128: Sanctions

Taken from the Ninth Edition of the MPEP, Revision 07.2015, Last Revised in November 2015

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41.128    Sanctions.

  • (a) The Board may impose a sanction against a party for misconduct, including:
    • (1) Failure to comply with an applicable rule or order in the proceeding;
    • (2) Advancing a misleading or frivolous request for relief or argument; or
    • (3) Engaging in dilatory tactics.
  • (b) Sanctions include entry of:
    • (1) An order holding certain facts to have been established in the proceeding;
    • (2) An order expunging, or precluding a party from filing, a paper;
    • (3) An order precluding a party from presenting or contesting a particular issue;
    • (4) An order precluding a party from requesting, obtaining, or opposing discovery;
    • (5) An order excluding evidence;
    • (6) An order awarding compensatory expenses, including attorney fees;
    • (7) An order requiring terminal disclaimer of patent term; or
    • (8) Judgment in the contested case.
[Added, 69 FR 49959, Aug. 12, 2004, effective Sept. 13, 2004]