Can an invention-creation apply for a utility model after failing to apply for an invention patent?

You can apply for a patent for utility model. Because there is no substantive examination procedure for the patent for utility model, the applied patent for utility model may be authorized.

However, if the utility model patent you apply for later is exactly the same as the invention patent you have applied for, even if the utility model is authorized, it will be of little significance to you, because the authorized utility model patent can be declared invalid at any time by the requester with the invention patent you applied for earlier as evidence, that is, the utility model patent does not exist.

It is suggested that you take the public text of your invention patent and all the examination opinions in the substantive examination to find a professional patent agent to help you see what is the substantive problem of your invention patent and then make a decision.