Do you already have a patent application pending? Splitting off a utility model allows you to establish protection quickly and tailor it to a specific infringement.
Splitting off a utility model is an option peculiar to German intellectual property rights law. It offers several advantages to the intellectual property right owner: the opportunity to establish protection and, in particular, claims for omission and claims for damages quickly, even if these claims cannot yet be derived from the pending Patent Application.
The utility model split-off requires a pending patent application for protection valid in Germany. Accordingly, splitting off a utility model is possible not only on the basis of a German patent application but also in the context of a European or PCT patent applications.
The number of utility model split-offs is not restricted. Nor are the split-off claims connected to the claims of the patent on which they are based, enabling the owner to create several utility models for various types of infringement. This, in turn, provides a basis for addressing individual infringements.
Thus, the splitting off utility models makes it possible to enforce your rights at an early stage on the basis of one or several utility models.