@Strange below is what it states. I have a meeting with a lawyer next week to see if there's loopholes however I was hoping there would be another texhnology solution if not...
"Golf balls for use with a system for finding golf balls and methods for making such golf balls. In the case of one exemplary golf ball, the ball includes a shell, a core material and a tag having a diode which is coupled to an antenna which has at least a portion formed from an elastic conductive material, such as an elastic conductive ink. The core material may include a void for receiving at least part of the diode. Other golf balls are described and methods for making balls are also described."
the patent office have assured me that the game/concept cannot be patented any more than basketball can, it's the technology that comes with it...
@swansont the holes are pretty large so a lot go in (see picture) it depends how close to centre of the hole it goes to how many point