We know that there are three kinds of patents, one is standard essential patent, the other is standard unnecessary patent, and there are non-standard patents. The first is to write a standard patent, which must be used and cannot be bypassed. Both the second and the third can be used, and generally we can find ways to bypass the past patents. Take 5G as an example, 34% of the patents of China enterprises are standard essential patents, which are necessary for the construction of 5G in the United States and cannot be bypassed. Therefore, in theory, if companies such as Huawei do not authorize the United States, the United States really cannot build 5G, otherwise it will be infringement.
But for this standard essential patent, it doesn't mean that you can't license it if you want, because the standard essential patent must conform to the FRAND principle, that is, fairness, reasonableness and non-discrimination. Otherwise, if we don't authorize each other, there is no need to make progress in science and technology, because most standards are made up of some necessary patents held by several parties. It means a standard essential patent. You must license them to those who need them, and you must be fair, reasonable and non-discriminatory. Therefore, companies such as Huawei must authorize American operators to build 5G. There is no question of authorization or non-authorization. This is just a question of how much and how to authorize.
And Huawei can't even overcharge American operators or enterprises, because you have to be fair. For example, how do you authorize Europe, then you have to authorize the United States, and the fees should not be arbitrary.