I doubt if he can patent the idea.
Colin Chapman did something very similar many years ago. Apparently the story goes, the racing rules insisted that the standard live rear axle had to be used plus the original drum brakes in a particular racing class.
So Colin fitted the live axle allright, complete with original drum brakes bolted solid to the chassis, and then fitted a very light semi trailing arm rear suspension with sprocket drive.
It was rather more ingenious than that effort, because it had some rear camber compensation. The unsprung weight and camber compensation of Colin Chapman's effort would have been a significant advantage over the leaf sprung live axle guys.
I don't know what the scrutineers said, but I would love to have been a fly on the wall during that discussion !