The value of a UX convention is mostly destroyed if it doesn't become an accepted convention.
Consider this. Company X develops an interaction. They use it in all their software which commands 30% of the market and they prevent others using using the threat of patent litigation.
The rest of the industry settles on an alternative which is patent-free.
Which is the better interaction? You can argue that it's the second one simply by virtue of being used in 70% of cases. Even if it is initially less familiar or in general less efficient - it's eventual familiarity outweighs both concerns.
Consider this. Company X develops an interaction. They use it in all their software which commands 30% of the market and they prevent others using using the threat of patent litigation.
The rest of the industry settles on an alternative which is patent-free.
Which is the better interaction? You can argue that it's the second one simply by virtue of being used in 70% of cases. Even if it is initially less familiar or in general less efficient - it's eventual familiarity outweighs both concerns.