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就专利侵权诉讼中公知技术抗辩的概念、公知技术抗辩的合理性、公知技术抗辩的效力以及其与在先使用权抗辩、等同原则的关系等问题进行了探讨,提出对抗专利侵权指控的技术应当是一项公知技术,而非自由公知技术,公知技术抗辩是我国现行合理、有效的抗辩原则,它可以提高专利侵权的效率,但同时也存在着与专利权效力的矛盾问题。
In the patent infringement litigation, the conception of the known technology defense, the reasonableness of the well-known technology defense, the effectiveness of the well-known technology defense and its relationship with the prior usage right defense and the principle of equivalence were discussed. The technology to counter the allegations of patent infringement should be proposed Is a well-known technology, rather than the free and well-known technology. Known technology defense is a reasonable and effective defense principle in our country. It can improve the efficiency of patent infringement, but at the same time it also has the contradiction with the validity of patent rights.