专利创造性判断是专利授权确权审判的重点,而证据规则是专利创造性判断的难点之一,往往是当事人争议的焦点。我国还没有系统的专利创造性判断相关证据规则,因此有进行研究的必要。本文拟在比较研究的基础上,通过对我国专利授权确权判例中的证据规则的整理,探讨专利创造性判断的证据规则,以期为制定统一的证据规则提供参考。 Patent creative judgment is the focus of the trial of patent authorization, and evidence rules are one of the difficulties in creative judgment of the patent, which is often the focus of the parties’ disputes. There is no systematic evidence of patent judgment in our country, so it is necessary to carry out research. This article intends to discuss the evidence rules of the creative judgment of the patent through the collation of the evidence rules in the cases of the right of confirmation of the patent grant in our country on the basis of comparative study so as to provide a reference for the formulation of unified evidence rules.