Intel implements a thing, say SSE and AVX which were pioneered by Cray 20+ years earlier. So arguably, they took out of patent protection technology and applied it to X86. This is exactly how the patent system was designed to work.

I would argue that what they don't get is a defacto monopoly on the use of vector instructions for X86. Even that specific encoding. Because it is now an issue of compatibility and interoperability. The history of closing an instruction set from the patenting of a self few instructions is atrocious. Millions of entities have expressed solutions to their problems in X86, having to pay a tax to Intel in-perpetuity because of that is bullshit.

Of these I think only SSE is really important. AVX is relatively new (2011) and most software likely can handle CPUs/emulators which lack it. TSX and SGX are Intel-only so any software that can run on AMD doesn't need them.

The point is interesting though Microsoft might be working carefully only to emulate older technology. It's not like they really have to support x86 as well as they support it on the x86 version of the OS. In fact they can get to market faster by not providing deep emulation.