Comment by fweimer

I don't think it works that way in practice.

Some distributions like Debian or Fedora will make newer features (such as AVX/VEX) mandatory only after the patents expire, if ever. So a new entrant could implement the original x86-64 ISA (maybe with some obvious extensions like 128-bit atomics) in that time frame and preempt the patent-based lockout due to ISA evolution. If there was a viable AMD/Intel alternative that only implements the baseline ISA, those distributions would never switch away from it.

It's just not easy to build high-performance CPUs, regardless of ISA.