Patent Marking: Whoa…Stop the line!

“Pattern Pending”

Last night, as I was flipping chicken breasts on the grill, I noticed this “marking” on my handy grill spatula (I won’t mention the brand in an effort to protect the innocent; suffice it to say that a well-known brand of grills, supplies and accessories is implicated).  Several questions immediately popped into my head:  how many of these beauties were made before the mistake was discovered?  Was this an error in translation? (yes, it was made in China)  What argument could be made that this marking is legally sufficient?  Then the chicken was done….