在专利授权确权行政案件中,专利权人可以提交其在行政程序中未提交的证据用于证明专利复审委员会作出的行政决定违法,但不能用于证明该行政决定合法。专利无效请求人提交其在行政程序中未提交的证据的,不予采纳,但用于证明专利复审委员会程序违法的证据除外。法院对于在行政程序中未提交的证据,应当根据上述规则进行判斷是否予以采纳,不予采纳的无需进行认定,予以采纳的应当作出认定;不应在末对证据进行认定的情形下,仅以当事人提交了在行政程序中未提交的新证据为由,判令专利复审委员会根据新证据重新作出决定。对于当事人超出举证期限提交的证据应当参照新《民事诉讼法》的规定进行处理。 In the case of patent right-confirmation administrative cases, the patentee may submit evidence that he / she did not submit during the administrative procedure to prove that the administrative decision made by the Patent Re-examination Board is illegal but can not be used to prove that the administrative decision is legal. The patent invalid applicant submits the evidence it did not submit in the administrative proceeding, and it will not be accepted except for the evidence proving that the procedure of the Patent Reexamination Board is illegal. The court shall, based on the above rules, decide whether or not to adopt the evidence that has not been submitted in the administrative procedure, and if it is not accepted, it shall make the determination that it should be adopted. The court shall not, at the last instance, On the grounds that the parties submitted new evidence that was not submitted in the administrative proceedings, the Patent Re-examination Board was ordered to re-decide on the basis of new evidence. Evidence submitted by the parties beyond the period of proof should be handled in accordance with the provisions of the new Code of Civil Procedure.