So the answer to your question is that Experimental RFCs are
different from Standards Track ones because, among other things,
there is no implicit IETF recommendation of implementation and
deployment of the technology and because part of the purpose of
publication is educational.
If a proposed standard is not freely implementable, in general it
should not be accorded any status beyond a mere "proposal".
I do see one possible exception. It is ok for the proposal to start
moving along the path towards becoming a standard if it can't possibly
reach that point before the patents expire.
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