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this post was submitted on 10 Aug 2025
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The base x86-64 patents expired in 2021. Also, it was held by AMD, not Intel.
However, there are a lot of extensions that are still under patent. You can make an x86-64 processor the way it was when Opteron was released in 2003, but it won't be competitive with current offerings. Those extensions are patented by a mix of both Intel and AMD. Intel failing isn't going to fully open x86-64.
Edit: also, it's not just the patents, it's the people. Via is still technically out there and could theoretically make its own x86-64 to modern standards. However, x86-64 is a very difficult architecture to optimize, and all the people who know how to do it already work for either Intel or AMD. Actually, they might only work for AMD, even before the layoffs.