First, why should the evidence be notarized?
The patent invalidation examination procedure is based on the principle of request, and the parties who start the examination procedure are bound by the principle of "whoever claims and gives evidence". Evidence is needed to prove its statement. Evidence needs to meet three characteristics before it can be used, that is, evidence needs to be authentic, legitimate and relevant.
The notarized evidence of these two invalid decisions belongs to network evidence, and the evidence is solidified by the way of network evidence preservation notarization. Notarization of network evidence preservation refers to the activities of notarization institutions to extract and verify related network evidence according to the application of the parties, and to confirm and save electronic documents that may be lost or difficult to obtain.
Because network evidence is easy to be modified or deleted (for example, the link can't be opened), its authenticity and the time of disclosure often become the focus of doubt. For example, in the two decisions, one party refused to admit its authenticity and the time point of disclosure, thinking that the time point of disclosure should belong to the existing technology of the design patent after the application date. Therefore, if the evidence obtained by individual parties is modified or deleted, it is difficult to further prove the existence of the evidence or existing technology between the filing dates, and an important evidence may be lost or difficult to be accepted. Therefore, we should turn to a credible notary industry to improve the authenticity, legitimacy and relevance of evidence. For example, in the two decisions, the collegial panel held that "although the patentee has objections, the authenticity of the above evaluation can be confirmed without other evidence to the contrary to prove that the above evaluation information has been modified."