"
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.
A different interpretation here:
"PPAF is a term used by our industry to put others on notice that a variety is “Plant Patent Applied For.” It is equivalent to the term “Patent Pending”. The purpose of giving notice in this way is to forewarn others that a patent application is in process and, upon issuance, the plant concerned becomes instantly subject to the patent holder’s right to exclude all non-permitted activity. Thus, growers and propagators will often accept a license in order to be “grandfathered in” to the expected issue of the plant patent."
http://www.planthaven.com/pdfs...
