§41.128. Sanctions.

37 C.F.R. § 41.128

(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.

Notes, amendments, and revision history

Authority: 35 U.S.C. 2(b)(2), 3(a)(2)(A), 21, 23, 32, 41, 134, 135, and Public Law 112-29.

Source: 69 FR 50003, Aug. 12, 2004, unless otherwise noted.