Someone has applied for a patent for the same product. Can I apply for a utility model patent now?

What can be applied for is that the protection content of design patent and utility model patent is different. Design patents protect the appearance of products, including shape, color, pattern and combination. The utility model patent protects the technical scheme, which is different from the object protected by the design. As for whether the design patent can be used to declare the utility model patent invalid, it is generally not possible. However, other circumstances should also be considered. For example, since he has applied for a design patent and the product has been listed, he can use the structure of the product that has been sold as an existing product to invalidate your utility model patent.