You can only elaborate an optimal protection strategy by taking the individual requirements and the nature of the invention into account. It is advisable to file a utility model instead of a patent in order to protect effectively inventions that have already been published. During a so called grace period of six months, it is possible to apply for a utility model for your technical invention. Moreover, it can be often preferable to file a utility model instead of a patent from an economic point of view.
Another possibility is to split-off a utility model application from a pending patent application. This means that a utility model can be split-off from a patent application while the content will still remain the same.
Nevertheless, the nature and scope of the rights conferred by a utility model are not examined. The utility model is registered directly after the examination of the formal requirements of the application. You can assert your rights against an infringer of your patent application that is probably still pending immediately after registration.
We help you in choosing the best protection strategy. We file or split off a utility model and we taking over the whole application procedure.