Abstract: In recent years, the situation of ICT industry standard essential patents holdup has been constantly appearing in China. What kind of strength of regulation should be adopted to standard essential patents holdup is the basis and starting point of the specific legal regulation suggestion. The determination on the strength of regulation can provide value orientation and reference for the specific legal regulation of standard essential patents holdup. In choosing the strength of regulation, the following factors should be analyzed. The first factor is the status of international competitiveness of Chinese ICT enterprises’ standard essential patents. The second factor is the characteristics of ICT industry standard essential patents. The third factor is the strength of legal regulation of ICT industry standard essential patents holdup in Europe and USA. Based on the analysis of the above factors, it is suggested that China should adopt a higher strength to regulating ICT industry standard essential patents holdup. Higher strength regulation will be beneficial to reducing standard essential holdup, maintaining the interests of Chinese ICT enterprises and protecting the public interest.