1. Evidence in patent administrative litigation mainly refers to documentary evidence, documentary evidence and electronic data. Witness testimony, etc. And the above evidence is verified by the court and can be used as the basis for determining the facts of the case;
2. In administrative proceedings, the defendant has absolute burden of proof, unless otherwise provided by law;
3. Other evidence issues in patent administrative litigation.
legal ground
Article 33 of the Administrative Procedure Law of the People's Republic of China
Evidence includes:
(1) Documentary evidence;
(2) Physical evidence;
(3) Audio-visual materials;
(4) Electronic data;
(5) Testimony of witnesses;
(6) statements of the parties;
(7) Appraisal opinions;
(8) Records of inspection and on-site records.
The above evidence can only be used as the basis for determining the facts of the case if it is verified by the court.
Article 34
The defendant bears the burden of proof for the administrative act and shall provide the evidence and normative documents on which the administrative act is based.
If the defendant fails to provide evidence or fails to provide evidence within the time limit without justifiable reasons, it shall be deemed that there is no corresponding evidence. However, if the sued administrative act involves the legitimate rights and interests of a third party, unless the third party provides evidence.