With the notorious delay of civil procedure and the increasing competition on the global market, patentees need prompt remedy to secure their legal interests. Therefore, the preliminary injunctive relief has become a critical issue in the patent protection system. First, by studying the American courts’ practice of issuing the preliminary injunction, the author think that the four requirements- likelihood of success, irreparable injury, balance of hardship and public interest- are useful to strike the balance between the protection of patent and the fair competition (including the interests of the third party). Then, by analyzing the Taiwan civil procedure law and the practice of Taiwan courts governing the issuance of preliminary injunction, we found a big problem that our courts used to issue injunctive orders only upon the giving of security by the patentee. Compared to the practice of American ones, the preliminary injunction is likely to be misused in Taiwan. Finally, the author recommended three opinions to mitigate the problem.