The Current Situation of the Predicaments of Taiwan High-Tech Industries for Patent Dispute Resolution

Since patent dispute cases often involve industrial background and legal background in Taiwan High-Tech Industry, such as professional technology, short product life, time to market, uncertain patent claims, court judgments among different trial-level. But the rule of law and litigation emphasize the protection of procedural justice, which may be time-consuming and often leads to delayed justice. Actually, substantive justice is concern with the benefits of length time and cost, procedural justice is concern with the benefits of the trial court, and therefore, under the considerations of dual justice, applying for arbitration is superior to the sending of a warning letter, requesting a preliminary injunction, as well as filing a lawsuit. In practices of patent dispute solutions, OBM always not only rely on its own strengths with the large amount of capital and patent technique, but also take patent misuse to force competitors (OEM, ODM) out of the market by patent litigation. As a result, patent law is out of balance in legal system. Based on the above, this article discusses industrial background and legal background in Taiwan high tech industry, and patent misuse by patent holder, in order to explore which method is the best option under procedural and substantive justice. As a result, the findings of the study indicate that arbitration is the best option based on procedural and substantive justice.