That's not how things work.
Devices are implemented while targeting a standard.
If you implement a USB 3.0 device then you do not support any data transfer mode capable of doing more than 5Gb/s. If you're a customer looking for more than 5Gb/s and you see that a device is only USB3.0 then you already know that it won't cut it.
That's the whole point of this submission. M1 macs don't support USB 3.1, only USB 3.0. Why? because they patently don't support the transfer speeds made possible by the new data transfer mode introduced in USB 3.1.