From the US Patent & Trademark Office web site:
"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."
From the US Patent Law:
"35 U.S.C. 163Grant.
In the case of a plant patent, the grant shall include
the right to exclude others from asexually reproducing
the plant, and from using, offering for sale, or selling
the plant so reproduced, or any of its parts, throughout
the United States, or from importing the plant so
reproduced, or any parts thereof, into the United
States. (Amended Dec. 8, 1994, Public Law 103-465, sec.
532(c)(2), 108 Stat. 4987.)
35 U.S.C. 173Term of design patent.
Patents for designs shall be granted for the term of
fourteen years from the date of grant.
(Amended Aug. 27, 1982, Public Law 97-247, sec. 16,
96 Stat. 321; Dec. 8, 1994, Public Law 103-465, sec. "
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