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Federal regulations · Through 2026-08-25 · Newer source version available

37 CFR 41.128: Sanctions.

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Where this section sits in the code
  1. Title 37—Patents, Trademarks, and Copyrights
  2. CHAPTER I—UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF COMMERCE
  3. SUBCHAPTER A—GENERAL
  4. PART 41—PRACTICE BEFORE THE PATENT TRIAL AND APPEAL BOARD
  5. Subpart D—Contested Cases

(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.

Collected 2026-08-27T02:25:45Z. Source file · JSON

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