A patent can only be filed by the original inventor and if it was used before them then it's in the public domain. So to prove that he's the inventor he has to demonstrate when he first played it and if he's the first player to ever use it then he could in theory have a valid claim.
In this case the position he wants to patent first arose in Morphy - Hart (www.chessgames.com/perl/chessgame?gid=1336329) in 1854. So if the OP has played this variation earlier than Morphy did 170 years ago then I think he might have a chance to patent it. If OP is over 170 years old I'm sure monetising a chess patent isn't the best way to monetise their longevity.
However there is also problem that patents usually expire with most patents only lasting around 20 years while Mickey Mouse was 95 years so even if he could retroactively patent it 170 years ago by now it would have expired.
Just a FYI but this position is pretty much a Scotch Gambit transposition from the Italian Game.
In this case the position he wants to patent first arose in Morphy - Hart (www.chessgames.com/perl/chessgame?gid=1336329) in 1854. So if the OP has played this variation earlier than Morphy did 170 years ago then I think he might have a chance to patent it. If OP is over 170 years old I'm sure monetising a chess patent isn't the best way to monetise their longevity.
However there is also problem that patents usually expire with most patents only lasting around 20 years while Mickey Mouse was 95 years so even if he could retroactively patent it 170 years ago by now it would have expired.
Just a FYI but this position is pretty much a Scotch Gambit transposition from the Italian Game.