Splitting-off a Utility Model
A utility model can be split-off from a pending patent application that provides protection in Germany. This means that it is also possible to split-off utility models from pending international or pending European patent applications. It is advisable to split-off a utility model from a pending patent application that has been infringed as in such cases the patent grant procedure is often very time-consuming.
Because of the fact that a utility model is an unexamined intellectual property right and due to the fact that it is registered within a few months after filing, you can assert your rights already within a short period of time. A utility model enables you to enforce your claims for an injunction or damage against third parties.
