1, the parties can obtain evidence by themselves;
2, the parties may apply to the people's court for evidence preservation or evidence preservation;
3, the parties may apply to the administrative organ for investigation and evidence collection;
4. The parties may use the relevant materials investigated by the investigation organ as evidence.
legal ground
Article 72 of the Patent Law of People's Republic of China (PRC) shall come into force on June 1 20265438.
If the patentee or interested party has evidence to prove that others are committing or will commit acts that infringe the patent right and hinder the realization of their rights, and their legitimate rights and interests will be irretrievably damaged if they are not stopped in time, they may apply to the people's court for taking measures of property preservation, ordering the implementation of certain acts or prohibiting certain acts according to law before prosecution.
Article 63 of the Civil Procedure Law of People's Republic of China (PRC)
Evidence includes:
(a) Statements of the parties;
(2) Documentary evidence;
(3) Physical evidence;
(4) Audio-visual materials;
(5) Electronic data;
(6) Testimony of witnesses;
(7) Appraisal opinions;
(8) Records of the inquest.
Evidence must be verified before it can be used as a basis for ascertaining facts.