37 CFR § 41.128 — Sanctions. (MPEP Coverage Index) – BlueIron IP
37 CFR § 41.128 Sanctions.
Source: Patent Rule (37 CFR)BlueIron Update:
This page consolidates MPEP guidance interpreting 37 CFR § 41.128, including 3 rules from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Summary
This section outlines sanctions for failing to respond to notices regarding unlocatable patent or application files within the specified time period, leading to potential abandonment.
What this section covers
- Defines sanctions for unlocatable patent or application files and the process for handling such situations.
Key obligations
- Respond to notices regarding unlocatable files within the specified time period.
- Provide a certified copy of the unlocatable file if required by 37 CFR 41.128 or 37 CFR 11.18.
Practice notes
- Ensure all required documents are included with the response to avoid sanctions.
- Avoid missing the deadline for responding to notices regarding unlocatable files to prevent potential abandonment.
Official MPEP § 41.128 — Sanctions.
Source: USPTOLast Modified: 10/30/2024 08:50:22
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.
[Added, 69 FR 49959, Aug. 12, 2004, effective Sept. 13, 2004]