1. Submit evidence in a foreign language
(1) If a party submits evidence in a foreign language, it shall submit a Chinese translation; If the Chinese translation is not submitted within the time limit for proof, the foreign language evidence shall be deemed as not submitted.
All parties concerned shall submit Chinese translations in writing. If the Chinese translation is not submitted in writing, it shall be deemed that the Chinese translation has not been submitted.
(2) The parties may only submit part of the Chinese translation of foreign language evidence. The part of foreign language evidence that has not been translated into Chinese shall not be used as evidence. However, the parties concerned shall, according to the requirements of the Patent Reexamination Board, supplement the Chinese translations of other parts of foreign language evidence.
(3) If the other party disagrees with the contents of the Chinese translation, it shall submit the Chinese translation of the disputed part within the specified time limit. If the Chinese translation is not submitted, it shall be deemed as no objection.
If there is any objection to the Chinese translation, if both parties reach an agreement on the objection, the Chinese translation finally approved by both parties shall prevail. If both parties cannot reach an agreement on the objection, the Patent Reexamination Board may entrust an interpreter when necessary. If both parties reach an agreement on entrusted translation, the Patent Reexamination Board may entrust a translation unit recognized by both parties to translate the full text, the used part or the part with objections. If both parties fail to reach an agreement on the entrusted translation, the Patent Reexamination Board may entrust a professional translation unit for translation. The translation expenses required for entrusted translation shall be borne by both parties. Refusing to pay the translation fee shall be regarded as an admission that the Chinese translation submitted by the other party is correct.
2. Evidence from foreign countries and Hongkong, Macau and Taiwan Province provinces.
Extraterritorial evidence refers to evidence formed outside the territory of People's Republic of China (PRC), which should be certified by the notary office of the host country, by the embassies and consulates of People's Republic of China (PRC) and China in that country, or go through the certification procedures stipulated in the relevant treaties concluded between People's Republic of China (PRC) and the host country.
The evidence provided by the parties to the Patent Reexamination Board was formed in Hongkong, Macau and Taiwan Province Province, and the relevant certification procedures shall be performed.
However, in the following three cases, for the above two types of evidence, the parties may not go through the relevant certification procedures in the invalidation procedure:
(1) Evidence can be obtained from domestic public channels except Hongkong, Macau and Taiwan Province Province, such as foreign patent documents obtained from patent offices or foreign documents obtained from public libraries;
(2) Other evidence is sufficient to prove the authenticity of the evidence;
(3) The other party recognizes the authenticity of the evidence.
Legal basis: Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC).
Article 59 The Patent Reexamination Board is composed of technical experts and legal experts designated by the patent administration department in the State Council, and its chairman is concurrently the person in charge of the patent administration department in the State Council.
Article 60 Where a request for reexamination is filed with the Patent Reexamination Board in accordance with the provisions of Article 41 of the Patent Law, a request for reexamination shall be submitted, the reasons shall be explained, and relevant evidence shall be attached if necessary.
Where the request for reexamination does not conform to the provisions of Article 19, paragraph 1, or Article 41, paragraph 1 of the Patent Law, the Patent Reexamination Board shall not accept it, and shall notify the petitioner in writing and explain the reasons.
If the written request for reexamination does not conform to the prescribed format, the person requesting reexamination shall make corrections within the time limit specified by the Patent Reexamination Board; If no correction is made at the expiration of the time limit, the request for reexamination shall be deemed not to have been made.
Article 61 An applicant may amend the patent application documents when making a request for reexamination or replying to the notice of reexamination from the Patent Reexamination Board. However, the amendment should be limited to eliminating the defects pointed out in the rejection decision or review notice.
The revised patent application documents shall be submitted in duplicate.