With the progress and development of information society,electronic business(e-Business) becomes a new model of business.E-Business does lower the cost of trading significantly;furthermore it allows restructuring the supply chain,business processes, and the nature of business.Open standard plays an important role in expanding e-Business,ranging from the Internet protocol(TCP/IP,HTTP...) to nearly all aspects of information technology that related to e-Business.More importantly,openness has emerged as a strategy with many of the most successful e-Business ventures granting business partner and consumers unparallel access to their inner working and personnel.Open standards have given rise to a prodigious international expansion in the number of users and range of applications relevant to daily life.The traditional market failure argument suggests that because innovation is expensive to produce and cheap to copy,so more intellectual property incorporated into the standards,and e-Business is inevitable.This paper defines the new framework of e-Business,which describes the relationship of the public benefit from Open Standard and the private benefit from intellectual property and try to find a balance between the benefits of the patent holders,industry,and end-users in order to realize a winning situation for all parties. With the progress and development of information society, electronic business (e-Business) becomes a new model of business. E-Business does lower the cost of trading significantly; yet it allows restructuring the supply chain, business processes, and the nature of business Open standard plays an important role in expanding e-Business, ranging from the Internet protocol (TCP / IP, HTTP ...) to nearly all aspects of information technology that related to e-Business. Importantly, openness has emerged as a strategy with many of the most successful e-Business ventures granting business partner and consumers unparallel access to their inner working and personnel .Open standards have given rise to a prodigious international expansion in the number of users and range of applications relevant to daily life. traditional market failure that suggests because because innovation is expensive to produce and cheap to copy, so more intellectual property incorporated into the standards, and e-Business is inevitable.This paper defines the new framework of e-Business, which describes the relationship of the public benefit from Open Standard and the private benefit from intellectual property and try to find a balance between the benefits of the patent holders, industry, and end -users in order to realize a winning situation for all parties.