But you can protect the implementation of the idea.
I believe his idea is a better way of doing something that already exists. So yes, he can protect it once it's implemented to an extent.
My point is, if his idea is truly better, the competition will implement it much fast than he will generally.
Which is why you don't want to get a patent until you are ready.
As you say, you can only patent an implementation (or proof that it can be implemented) so he can't patent his idea until it is developed into at least a protoype (in software something like an early alpha release).
Anyway, the patent isn't useful for a start-up to protect their IP themselves. They could never afford the lawyers. The patent is useful when trying to sell the company or seek large investments because the investors and share holders will know the business IP is protected and with their collective wealth have some chance to defend the patent. The patent portfolio then has value.
When just starting out, you wont have anything to patent, wont be able to afford a patent, cannot defend a patent, and you don't want to let competitors know about your implementation.
E.g., there is a problem X.
The standard solution A has some limitations.
The OP finds a novel solution that resolves some of hose limitation and creates solution B. A patent is awarded and published.
A competitor sees the patent and gives it to their tech team of wizards and gurus. They see that solution B is better, but that gives them insight and ideas how to create an even better solution C using a a novel or non-obvious adjustment to solution B.
This competitor gets awarded a patent and has the superior technology.
Or alternatively, OP develops a completely brand new kind of product and gets a patent. Competitor see this product and the value, so creates a different implementation that can also be patented. Competitor has much more money and engineers to throw at the problem so releases to market sooner.
Worry about patents later in the start-up. They will become very important but it is certainly not the first thing to do. Plus, getting awarded a patent is very difficult and takes years and years. We spend around 70K a year trying to get patents awarded (out technology is mature and we are looking for large investments and then to go IPO next year). It is very slow and frustrating.
