Distribution of Invention to Employees May Constitute Public Use
 
September 1, 1999
 

In this case, after several employees devised a perforating carbonless paper method, 3M devised a program for the manufacture and distribution of laser-perforated forms. Beginning in July 1989, and lasting for up to six weeks, 3M distributed the laser-perforated forms throughout 3M for use by thousands of 3M employees allegedly for the purpose of soliciting their feedback. However, 3M did not keep any records of where the forms were distributed or what any specific end user thought of the form.

On August 17, 1990, 3M filed a patent application for the laser-perforation process. After two continuation patent applications, the patent issued on August 22, 1995. Appleton began selling its own brand of pre-perforated carbonless paper in February 1993. The 3M infringement suit followed with Appleton raising invalidity defenses.

The Federal Circuit eventually commented that "3M's proposed public use exception for in-house distribution would grant a significant commercial advantage to companies whose employees are able to stand in for an invention's potential consumers." Thus, the court concluded that the 3M patent was in public nonexperimental use more than a year before the patent application was filed. Minnesota Mining & Manufacturing Co. (3M) v. Appleton Papers, Inc., 50 U.S.P.Q.2d 1091 (Minn. D. Ct. 1999).