What exactly do you mean by "patches were created before the game got officially released" ? It was my impression that some patches had been going around, but that they certainly weren't created by or endorsed by the Yuzu project in any official capacity - I don't see how random people creating patches for open source projects should give rise to any legal liability to the original project.
What I mean is that the game got leaked like 2 weeks before it's official release, - so on 4chan I think some anons created 60 fps patches a few days later, effectively creating patches before the game even got released.
This had nothing to do with Yuzu, I'm just remarking at how fast the community worked on it.