Just some nomenclature clarification: h264 is a patent encumbered protocol, it has many implementations. x264, the most popular implementation, is also free software - it just had to be developed outside the jurisdiction of US patent law, and US vendors cannot distribute their own compiled binaries of it Its fuzzy.
Same with x265. None of these video codecs are proprietary vs open the way Libre Office vs MS Office is. Even something like WMV has draft standard document implementations to write encoding / decoding software for them.
The only reason there can even exist a "patent encumbered video codec" is due to the continued existence of software patents in the US and pretty much no where else.