37 CFR 42.12: Sanctions

Taken from the Ninth Edition of the MPEP, Revision 08.2017, Last Revised in January 2018

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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:
    • 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.
[Added, 77 FR 48612, Aug. 14, 2012, effective Sept. 16, 2012]