The utility model can only protect the concrete structure with shape, but not the method.
Regardless of the structure and method, the invention can be protected.
Applicants need to apply for utility model and invention at the same time. According to the new patent law, the applicant needs to file an application on the same day, and at the same time submit a statement that the applicant has invented and utility model.
Otherwise, if the application is not on the same day, then the patent applied for later will be rejected for lack of novelty.
Secondly, even if the application is filed on the same day, the protection scope of the claims of invention and utility model cannot be the same by the time of final authorization, because there is a requirement in the patent law that repeated authorization is prohibited.
Therefore, the proposal only applies to inventions or utility models.
If applicants wish to apply at the same time, they can do so. You need to submit the above statement.
It doesn't matter if the protection scope of the two patents is the same, Patent examiners will finally send a notice to let you make a choice, whether to keep the utility model or the invention, or to modify the claims to make their protection scope inconsistent.