Patent PENDING means protection & can sell product

"Patent pending" (sometimes abbreviated by "pat. pend." or "pat. pending" or "patent applied for" are legal designations or expressions that can be used in relation to a product or process once a patent application for the product or process has been filed, but prior to the patent being issued or the application abandoned. The marking serves to notify the public, business, or potential infringers who would copy the invention that they may be liable for damages (including back-dated royalties), seizure, and injunction once a patent is issued.

You see this designation on product packaging to let the consumer know more about what they are buying. Did you ever see an old western where they say, "The Doc gave me some patent medicine" -- i.e. not snake oil.

So what we have isn't snake oil and if the product reaches consumers prior to the patent announcement -- it will say patent pending on the package.

Louis Pasteur -- chance favours only the prepared mind.
Lecture, University of Lille (7 December 1854)