by 
The Curious Bag
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Using an idea for which a patent is pending may not be wise for a variety of reasons, but not because of patent laws. In the United States, the fact that a patent is pending has no legal effect.
Patent Pending
The phrases "patent pending" or "patent applied for" are used on items to give notice to the general public that a seller or manufacturer has submitted an application to the U.S. Patent and Trademark Office (USPTO) for a patent.
No Legal Effect
The USPTO has expressly stated that the phrases "patent pending" or "patent applied for" do not have any legal effect. Patent protection only starts after the patent application has been approved.
Misuse of Phrases
In fact, a misuse of the phrases "patent pending" or "patent applied for" is unlawful, and anyone doing so is subject to fines.
Patent Application Confidentiality
The USPTO maintains all patent applications in strict confidence, and its files are not available to the public until the application is formally published for public comment or the patent has been issued.
No Patent Violation
As long as your use of an idea for which a patent is pending is otherwise lawful, you should have no fear of violating patent laws.
Source:
U.S. Patent and Trademark Office: Patent Marking and Patent Pending
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