If the utility model patent is authorized first, the invention will continue to be examined. If the invention patent passes the actual examination, China National Intellectual Property Administration will issue a notice, requiring the applicant to give up the patent for utility model already obtained, and then grant the invention patent right; Invention and utility model can be applied at the same time, but only one valid patent can exist at the same time.
If the invention patent is finally authorized, the utility model is a transition, but the risk of the invention patent is great. If not authorized, the utility model is the last straw.