even when foundational patents expire, licensing agreements and copyright and trademark and other things remain legally enforceable. chinese companies actually did start investing in mips at one point but ended up getting sued. people tried to open source mips years ago but gave up and just switched to risc-v because it's too much of a legal hassle to try to open source something that was proprietary for decades and has all the legacy baggage of multiple previous owners who want to sue you for any reason they can think of. it was easier to just design a new architecture that was open from the start.