---
kind: "section"
citation: "37 C.F.R. § 42.12"
title: "37"
number: "42.12"
heading: "Sanctions."
url: "https://uscodex.org/cfr/37/42.12"
---

# §42.12. 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 argument or request for relief;
  - (3) Misrepresentation of a fact;
  - (4) Engaging in dilatory tactics;
  - (5) Abuse of discovery;
  - (6) Abuse of process; or
  - (7) Any other improper use of the proceeding, including actions that harass or cause unnecessary delay or an unnecessary increase in the cost of the proceeding.
- (b) **Sanctions include entry of one or more of the following—**
  - (1) An order holding 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 providing for compensatory expenses, including attorney fees;
  - (7) An order requiring terminal disclaimer of patent term; or
  - (8) **Judgment in the trial or dismissal of the petition.**

## Notes

### Authority

Authority: 35 U.S.C. 2(b)(2), 3, 6, 21, 23, 41, 134, 135, 143, 153, 311, 312, 314, 316, 318, 321-326, 328; Pub. L. 112-29, 125 Stat. 284; and Pub. L. 112-274, 126 Stat. 2456.

### Source

Source: 77 FR 48669, Aug. 14, 2012, unless otherwise noted.