https://doi.org/10.1093/oso/9780192844477.001.0001, pg. Lexis, ALB]

Many utility model systems offer the opportunity to divide applications out of pending patent applications and thus in effect to accelerate the grant of an intellectual property right. The German 1986 Act on Utility Models introduced the opportunity to base an application for a utility model on a pending patent application.

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Not only does this ‘branching’ or ‘division’ provide a way around the long pendency of the patent application, but it also allows any claims in the utility model to be tailored to a known infringing article. Thus, the applicant can continue to pursue patent protection for broader concepts while filing for narrow protection relevant to the infringing article as a utility model—a significant advantage for a smaller company prepared to litigate. The narrowly drafted claims can better sustain an attack on the novelty and inventive step of the utility model and litigation is more efficient. Even if the copycat changes its product to avoid the narrowly drafted claims, then a new utility model can be filed to reflect the attempted work-around.