From my understanding, you can file a patent and it will be in application for 1-2 years (at least that is the period here in EU). During that time, it doesn't

From my understanding, you can file a patent and it will be in application for 1-2 years (at least that is the period here in EU). During that time, it doesn't have be publicised (one possible reason why you couldn't find it), but if someone else were to do the same thing, it can serve as a tool to claim prior art. However… going to an actual patent raises the costs substantially, more so if you want to be protected in multiple countries—translation-costs, etc. and the total cost can easily exceed 50,000 dollars. Also, as someone pointed out, having a patent doesn't cover the cost of suing someone infringing on it. All this taken into account, I doubt that very much can happen to you if you infringe on it, unless this is truly a million-dollar product, in which case protecting a patent pays of. Worth talking to a patent-lawyer in any case though, for reasons on how to circumvent a future patent.