William said:"Some persons mark articles sold with the terms “Patent Applied For” or “Patent Pending.” These phrases have no legal effect, but only give information that an application for patent has been filed in the USPTO. The protection afforded by a patent does not start until the actual grant of the patent. False use of these phrases or their equivalent is prohibited."
http://www.uspto.gov/patents-g...
I guess the law is always open for interpretations so one can always find different views on the subject. However reading what the US patent office has to say, I would think that David is correct here, BUT I also assume that when the patent is actually granted, you perhaps could end up in all sorts of trouble for what you have done before.