A branched-off German utility model can be a highly effective enforcement tool. German law allows a utility model to be branched off from a pending or granted European patent covering Germany, a German patent application or German patent, or a PCT application designating Germany. The resulting utility model registration benefits from a rapid official process and can usually be obtained within only a few weeks.
The approach is also remarkably cost-effective. Official fees are low, there are no claim fees, and there are no page fees. This enables applicants to pursue extensive claim sets without significant additional official costs, making utility models particularly attractive for enforcement-driven claim drafting.
A recent example is Emboline’s successful assertion of German utility model DE 20 2016 009 224 against AorticLab before the Munich Regional Court (21 O 1255/25), which was covered in this Juve Patent article. The utility model was branched off with 111 claims, and the court found infringement of at least some asserted claims, resulting in injunctive relief and related remedies.
Perhaps the most important advantage is the flexibility available when branching off from a granted patent. The utility model proprietor is not limited to the scope of the granted patent claims. Instead, the full disclosure of the earlier application can be used as a basis for new claims. This allows patentees to develop claim sets tailored (within the boundaries of the original disclosure) to specific infringement scenarios. The Emboline case illustrates how this flexibility can translate into tangible enforcement advantages and serves as a reminder that utility models deserve a place in every German patent enforcement strategy.
