Question about Patents and Asynchronous Technology in Current AMD GPU's

I get the feeling with Pascal it is going to be an ongoing Early Access type scenario wtih NVIDIA.

That is they will keep promising something better than the competitor but never deliver it to keep customers. This is a marketing strategy I have seen before

Does AMD have the patent on this technology thus not allowing NVIDIA to create a tech with Asynchrnous Shading??

If so, would NVIDIA then buy it from AMD.

The DX12 Benchmarks are not including Asynchrnous shading, of course NVIDIA can do it.. but in reality all features of dx12 should be enabled.. it is kinda a run around for AMD I reckon and

 

Thoughts?