Legal analysis: No. Utility model applications are utility model patents, which are two different patent types from invention patents. Both are protected by the patent law, but in fact the scope of technical protection of the two is different, and the review requirements are also different. They cannot be combined The two are lumped into one category.
Legal basis: "Patent Law of the People's Republic of China"
Article 7 No unit or individual may apply for a patent for an inventor or designer's non-service invention-creation suppress.
Article 8 For inventions and creations completed by cooperation between two or more units or individuals, or for inventions and creations completed by one unit or individual under the entrustment of other units or individuals, unless otherwise agreed upon, the right to apply for a patent shall belong to The unit or individual who completes or co-completes the application; after the application is approved, the unit or individual who applied is the patentee.
Article 9 Only one patent right can be granted for the same invention and creation. However, if the same applicant applies for both a utility model patent and an invention patent for the same invention and creation on the same day, and the utility model patent right obtained first has not yet expired, and the applicant declares that he has given up the utility model patent right, the invention patent right may be granted. If two or more applicants apply for patents for the same invention and creation, the patent right shall be granted to the person who applies first.