Can the same product apply for utility model first, and then apply for invention?

First of all, make a correction to your question. For patent application, a product can contain multiple patents, that is, a product or even a component will have multiple patents. The "same product" in question should actually be "the same invention and creation". So your question is: "Is it okay to apply for utility model before applying for invention?" .

A: No.

According to Article 9 of the Patent Law of People's Republic of China (PRC), "only one patent right can be granted for the same invention-creation. However, if the same applicant applies for a patent for utility model and an invention patent at the same time for the same invention and creation on the same day, and the previously obtained patent right for utility model has not been terminated, the applicant may grant the patent right for invention. "

Therefore, the same invention can not apply for a patent for utility model first, and then apply for a patent for invention. An application for a patent for utility model and an application for a patent for invention can be filed at the same time on the same day, and the utility model patent will be abandoned after the invention patent is authorized.

If it is a product, and the content of the applied patent for utility model is different from that of the invention patent, you can apply for the patent for utility model first, and then apply for the invention patent.