---
kind: "section"
citation: "37 C.F.R. § 41.128"
title: "37"
number: "41.128"
heading: "Sanctions."
url: "https://uscodex.org/cfr/37/41.128"
---

# §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.**

## Notes

### Authority

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

### Source

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