1. What is extraterritorial evidence
Extraterritorial evidence refers to evidence formed outside the territory of the People’s Republic of China and the People’s Republic of China. This evidence should be certified by the notary authority of the country where it is located, and It must be authenticated by the embassy or consulate of the People's Republic of China in the country, or the certification procedures stipulated in the relevant treaty concluded between the People's Republic of China and the country where it is located. The evidence provided by the parties to the Patent Reexamination Board was formed in Hong Kong, Macao, and Taiwan, and relevant certification procedures must be completed.
II. What matters should be paid attention to in the certification procedures of extraterritorial evidence
However, in the following three situations, the parties may not go through the relevant certification procedures for the above two types of evidence in the invalidation procedure. :
(1) The evidence can be obtained from domestic public channels except Hong Kong, Macao and Taiwan, such as foreign patent documents obtained from the Patent Office, or from public channels. Foreign literature and materials obtained by the library;
(2) There is other evidence sufficient to prove the authenticity of the evidence;
(3) The other party recognizes the authenticity of the evidence.