“Patent standardization” plays an important role in promoting technological innovation and improving social welfare, but we should be cautious enough about its possible negative effects and spillover effects. In practice, factors like the nonfeasance of the standard organizations, the unclear FRAND agreement and the unclear standardization of legal relationship, ect. induce the continuous abusement of SEP’s (standard essential patent) rights, which is manifested in the aggravation of FRAND hijacking risk, the dramatic increase of SEP’s infringement lawsuit and the alienation of technical standards. In order to deal with the crisis of patent standardization system, it is necessary to clarify the legal relation of patent standardization, clarify the legal status of standard organization in the Standardization Law, add FRAND specific rules in the patent law, construct a complete and orderly legal guarantee mechanism of patent standardization, and realize the balance of interests between standard organization, standard patent holder and standard performer, attempting to standardize and guide patent standardization to play a positive effect.