"The patent pools come before the standards. If your patent doesn't cover what's in the standard then nobody will use it, and if you're not one of the cool kids then nothing your patent covers will get put in the standard"
Also the patents in the standard are often broadly written to cover whole genres of techniques. If your new innovative idea is excluded from the standard and you create a new competing standard, then your new standard is illegal because all the patents in the pool that might affect your new standard are unlicensed.
And the licenses the pool sells strictly apply only to uses of the established standard. There is no license available for your new standard at any price.
That's one of the reasons WebM was crippled for years; it had to design around hundreds of established techniques. Now that Google has spent years and billions on legal fights and patent acquisition MPEG-LA has opened up innovation legally to WebM and future versions might be good.
Your innovation isn't probably backed by Google, so good luck ever getting permission to try it.
And remember that even trying patented techniques in the lab is illegal if you have commercial applications in mind. There is a pure research exception, but if you want to develop a new codec or encryption idea built on older ones, you're skirting the law at best. The incumbents don't especially want to encourage your competition.
Also the patents in the standard are often broadly written to cover whole genres of techniques. If your new innovative idea is excluded from the standard and you create a new competing standard, then your new standard is illegal because all the patents in the pool that might affect your new standard are unlicensed.
And the licenses the pool sells strictly apply only to uses of the established standard. There is no license available for your new standard at any price.
That's one of the reasons WebM was crippled for years; it had to design around hundreds of established techniques. Now that Google has spent years and billions on legal fights and patent acquisition MPEG-LA has opened up innovation legally to WebM and future versions might be good.
Your innovation isn't probably backed by Google, so good luck ever getting permission to try it.
And remember that even trying patented techniques in the lab is illegal if you have commercial applications in mind. There is a pure research exception, but if you want to develop a new codec or encryption idea built on older ones, you're skirting the law at best. The incumbents don't especially want to encourage your competition.