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8-7. Patents. Rodney Klassen was employed by the U.S Department of Agriculture (USDA). Without the USDA'S authorization, Klassen gave Jim Ludy, a grape grower, plant

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8-7. Patents. Rodney Klassen was employed by the U.S Department of Agriculture (USDA). Without the USDA'S authorization, Klassen gave Jim Ludy, a grape grower, plant material for two unreleased varieties of grapes. For almost two years, most of Ludy's plantings bore no usable fruit, none of the grapes were sold, and no plant material was given to any other person. The plantings were visible from publicly acces- sible roads, but none of the vines were labeled, and the variety could not be identified by simply viewing the vines. Under patent law, an applicant may not obtain a patent for an inven- tion that is in public use for more than one year before the date of the application. Could the USDA successfully apply for patents on the two varieties given to Ludy? Explain. [Del- ano Farms Co. v. California Table Grape Commission, 778 F.3d 1243 (Fed. Cir. 2015)] (See Patents.)

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