If the patent right for utility model obtained first has not been terminated, and the applicant abandons the patent right for utility model, why can the invention patent be granted?

This is because the applicant applied for utility model and invention at the same time with this patent on the same day. This situation, commonly known as double reporting, is a common means in patent applications. This method will be used when the applicant is not sure whether he can successfully apply for the invention or the applicant is anxious to protect the patented technology. The main advantages are that it can be obtained quickly and the pass rate is high. Even if the invention application fails, at least the utility model can be protected. If the invention is also passed, because the same patent cannot have both utility model and invention protection, the Patent Office will issue a notice to let the applicant give up the utility model patent right before granting the invention patent.