World Intellectual Property Organization

Priority Document Access Service

Last Update on 13 February  2012

This page was updated with the notification made by the State Intellectual Property Office of the People's Republic of China.to indicate that it would commence operation as a depositing Office and an accessing Office with effect from 1 March 2012.

Participating Digital Libraries

The digital libraries of the following Offices are participating in the WIPO PATENTSCOPE® Priority Document Access Service, established under the Framework Provisions for the Digital Access Service for Priority Documents.

Note that only Offices where a service date is given are currently offering the exchange of documents through the Service. A status of "designated" in the table means that a digital library held by the Office has been designated in accordance with paragraph 7 of the Framework Provisions, but that as yet no notification has been given by that Office as to when the digital library will be available for use through the Service. Several other Offices are working with the International Bureau to allow use of their digital libraries with the Service but have not yet had their libraries designated.

There are two different types of notification possible:

  • Depositing Office (paragraph 10 of the Framework Provisions):  The Office, which is usually acting as the Office of first filing, allows applications to be made available to the Service;
  • Accessing Office (paragraph 12 of the Framework Provisions):  The Office, acting as an Office of second filing, allows the applicant to request that a priority document be retrieved from the Service instead of having to file a certified copy.

The main effects of the notifications, as well as information on digital libraries which have been designated, are summarized in the table below. Full details of the notifications and information are contained in the section beneath the table.

Office Depositing Office Accessing Office Notes
AU IP Australia from 12 December 2009 from 12 December 2009 See notification dated 8 December. Further information relating to using the system with IP Australia is available from http://www.ipaustralia.gov.au/patents/das.shtml.
DK Danish Patent and Trademark Office from 1 November 2011 Not applicable See notification dated 13 October 2011. Further information relating to using the system with the Danish Patent and Trademark Office is available from http://www.dkpto.dk/ansoeg-online/internationale-patentansoegninger-(eppct).aspx.
CN State Intellectual Property Office of the People's Republic of China from 1 March 2012 from 1 March 2012 See notification dated 2 February 2012. 
ES Spanish Patent and Trademark Office from 1 October 2009 from 1 October 2009 See notification dated 29 September 2009. Further information relating to using the system with the Spanish Patent and Trademark Office is available from the Office website (English version)
FI National Board of Patents and Registration of Finland from 15 April 2011 from 15 April 2011 See notification dated 11 April 2011.  Further information relating to using the system with the National Board of Patents and Registration of Finland is available from http://www.prh.fi/en/patentit.html.
GB United Kingdom Intellectual Property Office from 4 October 2009 from 4 October 2009 See notification dated 30 September 2009. Further information relating to using the system with the UK Intellectual Property Office is available from http://www.ipo.gov.uk/p-apply-online-pdas.htm.
IB International Bureau from 1 April 2009 from 1 January 2010 See notifications dated 31 March 2009 and 30 December 2009. Digital library currently extends to international applications filed with the receiving Office of the International Bureau.
JP Japan Patent Office from 1 April 2009 from 1 April 2009 See notification dated 6 March 2009. Further information in Japanese regarding to using the system with the JPO is available from the JPO website at:
http://www.jpo.go.jp/cgi/link.cgi?url=/tetuzuki/t_tokkyo/shutsugan/yuusennkenn_syouryaku.htm.
KR Korean Intellectual Property Office from 1 July 2009 from 1 July 2009 See notification dated 30 June 2009. Forms for making Korean applications available to the system are available from http://www.kiporo.go.kr.
SE Swedish Patent and Registration Office from 1 November 2011 Not applicable See notification dated 10 October 2011. Further information relating to using the system with the Swedish Patent and Registration Office is available from http://www.prv.se/en/About-us/News/Priority-Document-Access-Service-PDAS.
 US United States Patent and Trademark Office from 20 April 2009 from 20 April 2009  See notification dated 2 April 2009. Forms for requesting US documents to be made available through DAS, or for priority documents to be retrieved from DAS for use with a US application available from the USPTO website at: http://www.uspto.gov/web/patents/pdx/pdx.html.
         
EP European Patent Office designated designated  

 

Notifications and Information

2 February 2012
Notification by the State Intellectual Property Office of the People's Republic of China

 

The State Intellectual Property Office of the People's Republic of China notified in accordance with paragraphs 10 and 12 of the Framework Provisions that it would commence operation as a depositing Office and an accessing Office with effect from 1 March 2012.

Following consultation with the Consultative Group and designation by the International Bureau on 17 January 2012 the scope of the Office’s participating digital library which it makes available as a depositing Office is as follows:

  • All national patent applications filed at the Office which the applicant specifically requests to be made available to the service and for which the time for the claim for priority in other Offices has not expired by 1 March 2012.

Regarding the technical arrangements for this arrangement:

  • All documents and information will be exchanged over PCT-EDI in accordance with  Project: WIPO Digital Access Service (DAS), Das Architecture: Document Exchange and Dataflow, Revision 1.3.
  • As a depositing Office, the Office has adopted Route A from the alternative entry routes set out in the system architecture described in Annex I of document WIPO/DAS/PD/WG/2/4. the “p-doc reference” will take the form of a record of the application details including the priority application number, to be transmitted using PCT/EDI (DAS) and stored by the International Bureau. 
  • The library will be hosted by the State Intellectual Property Office of the People's Republic of China. The actual copy of the application will be transmitted only on request by and to the International Bureau which would relay it to the requesting Offices of second filing. 
  • As an accessing Office, the Office will recognize priority documents available to it through the service for the purposes of later applications filed on or after 1st March 2012.
  • The transmission arrangements have been tested by the International Bureau and found to be effective.  

Formats of documents:

  • Applications will be sent to the digital library as ZIP files containing TIFF files.

Formats of application numbers:

  • Chinese national patent applications hosted in the library will have country code CN and application number format YYYY-NNNNNNNN.N

 

13 October 2011 (amended on 4 January 2012)
Notification by the Danish Patent and Trademark Office

The Danish Patent and Trademark Office notified in accordance with paragraph 10 of the Framework Provisions that it would commence operation as a depositing Office only with effect from 1 November 2011.

Following consultation with the Consultative Group and designation by the International Bureau on 13 October 2011 the scope of the Office’s participating digital library which it makes available as a depositing Office is as follows:

  • All national patent applications filed at the Office on or after 1 October 2010 which the applicant specifically requests be made available to the service.
  • All international patent applications received by the Office in its capacity as receiving Office under the PCT on or after 1 October 2010 which the applicant specifically requests be made available to the service.

Regarding the technical arrangements for this arrangement:

  • All documents and information will be exchanged over PCT-EDI in accordance with  Project: WIPO Digital Access Service (DAS), Das Architecture: Document Exchange and Dataflow, Revision 1.3.
  • As a depositing Office, the Office has adopted Route A from the alternative entry routes set out in the system architecture described in Annex I of document WIPO/DAS/PD/WG/2/4. the “p-doc reference” will take the form of an actual copy of the application, to be transmitted using PCT/EDI and stored by the International Bureau.  The transmission arrangements have been tested by the International Bureau and found to be effective.
  • The library will be hosted by the International Bureau in the same way as is already in operational use for the Australian, Finnish, Spanish and UK Offices.

Formats of application numbers:

  • Danish national applications hosted in the library will have country code DK and application number format PA YYYY NNNNN.
  • International applications filed with RO/DK will have filing country code DK and application number format PCT/DKYYYY/NNNNNN.

The following practical information may be useful to applicants:

  • A request to the Office to make an application available through the service may be made by using intended Request Form, available from the Office website at http://www.dkpto.dk/ansoeg-online/internationale-patentansoegninger-(eppct).aspx or by sending a letter clearly stating the relevant application and indicating that it should be made available to WIPO Priority Document Access Service..
  • The Danish Patent and Trademark Office will consider joining DAS at later stage as accessing Office to retrieve the document from the service.

Further details on the Office’s participation in the service can be found at www.dkpto.dk.

 

10 October 2011 (amended on 4 January 2012)
Notification by the Swedish Patent and Registration Office

The Swedish Patent and Registration Office notified in accordance with paragraph 10 of the Framework Provisions that it would commence operation as a depositing Office only with effect from 1 November 2011.

Following consultation with the Consultative Group and designation by the International Bureau on 10 October 2011 the scope of the Office’s participating digital library which it makes available as a depositing Office is as follows:

  • All national patent applications filed at the Office on or after 1 November 2011 which the applicant specifically requests be made available to the service.
  • All international patent applications received by the Office in its capacity as receiving Office under the PCT on or after 1 November 2011 which the applicant specifically requests be made available to the service.

Regarding the technical arrangements for this arrangement:

  • All documents and information will be exchanged over PCT-EDI in accordance with  Project: WIPO Digital Access Service (DAS), Das Architecture: Document Exchange and Dataflow, Revision 1.3.
  • As a depositing Office, the Office has adopted Route A from the alternative entry routes set out in the system architecture described in Annex I of document WIPO/DAS/PD/WG/2/4. the “p-doc reference” will take the form of an actual copy of the application, to be transmitted using PCT/EDI and stored by the International Bureau.  The transmission arrangements have been tested by the International Bureau and found to be effective.
  • The library will be hosted by the International Bureau in the same way as is already in operational use for the Australian, Finnish, Spanish and UK Offices.

Formats of application numbers:

  • Swedish national patent applications hosted in the library will have country code SE and application number format YYNNNNNN.
  • International applications filed with RO/SE will have filing country code SE and application number format SEYYYYNNNNNN.

The following practical information may be useful to applicants:

  • A request to the Office to make an application available through the service may be made by using intended Request Form, available from the Office website at http://www.prv.se/In-English/About-us/News/Priority-Document-Access-Service-PDAS/ or by sending a letter clearly stating the relevant application and indicating that it should be made available to WIPO Priority Document Access Service..
  • The Swedish Patent and Registration Office will consider joining DAS at later stage as accessing Office to retrieve the document from the service.

Further details on the Office’s participation in the service can be found at www.prv.se.

 

11 April 2011
Notification by the National Board of Patents and Registration of Finland

The National Board of Patents and Registration of Finland notified in accordance with paragraphs 10 and 12 of the Framework Provisions that it would commence operation as both a depositing Office and an accessing Office with effect from 15 April 2011.

The legal basis for recognition of priority documents made available through the service, and the opportunity for applicants to comply with the requirements at a later date in the event that a priority document cannot be retrieved by the Office despite the applicant having taken all the necessary steps in due time are set out in The Finnish Act on Electronic Services and Communication in the Public Sector (13/2003) and in the amendments made to it in 2010 (HE 111/2010).

Where a certificate referred to in paragraph 13 states that a priority document became available via the service to an accessing Office on a date which is on or before the date (“the relevant date”) by which the priority document is required to be furnished under the applicable law, but the Office finds, whether before, on or after the relevant date, that the priority document is in fact not available to it, the Office so notifies the applicant, giving the opportunity to furnish the priority document to it, or to ensure that the priority document is made available to it via the service, within a time limit of not less than two months from the date of the notification.

Following consultation with the Consultative Group and designation by the International Bureau on 12 April 2011 the scope of the Office’s participating digital library which it makes available as a depositing Office is as follows:

  • All national patent applications filed at the Office on or after 15 April 2011 which the applicant specifically requests be made available to the service
  • All international applications received by the Office in its capacity as receiving Office under the PCT on or after 15 April 2011 which the applicant specifically requests be made available to the service

As an accessing Office, the Office will recognize priority documents available to it through the service for the purposes of any application for which the time for furnishing the priority document has not expired by 15 April 2011.

Regarding the technical arrangements for this arrangement:

  • All documents and information will be exchanged over PCT-EDI in accordance with WIPO’s DAS Architecture: Document Exchange and Dataflow document, as well as the sending of over sized documents on CD or DVD
  • As a depositing Office, the Office has adopted Route A from the alternative entry routes set out in the system architecture described in Annex I of document WIPO/DAS/PD/WG/2/4.

The following practical information may be useful to applicants:

  • A request to the Office to make an application available through the service may be made by sending a letter clearly stating the relevant application number and indicating that it should be made available to WIPO Priority Document Access Service.
  • To request the Office as accessing Office to retrieve the document from the service, the applicant should send a letter to the Office.

Further details on the Office’s participation in the service will be made available at the Office’s web site http://www.prh.fi/en/patentit.html.
  

30 December 2009
Notification by the International Bureau

The International Bureau notified in accordance with paragraph 12 of the Framework Provisions that it would commence operation as an accessing Office with effect from 1 January 2010 for its role in respect of international applications under the PCT. It is recalled that, in accordance with its notification dated 31 March 2009, it has operated as a depositing Office since 1 April 2009 for international applications filed with the receiving Office of the International Bureau.

The legal basis for recognition of priority documents retrieved by the International Bureau through the Digital Access Service is PCT Rule 17.1(b-bis)(ii) in conjunction with Sections 715 and 716 of the Administrative Instructions under the PCT, as in force from 1 January 2010.

The International Bureau will recognize requests to obtain documents from the Digital Access Service for any international application for which the 16 month time limit under Rule 17.1(b-bis) has not yet expired on 1 January 2010, provided that the applicant has taken all the necessary steps to ensure that the application has been made available to the International Bureau through the Service.

A request for the International Bureau to obtain a priority document from the Digital Access Service can be made in the following ways:

(i) by ticking the relevant box(es) in item 6 of the new request form PCT/RO/101, as in force from 1 January 2010, available from:

http://www.wipo.int/export/sites/www/pct/en/forms/request/ed_request_2010.pdf

(ii) pending the implementation of equivalent check-boxes in PCT-SAFE, by including a letter to the International Bureau with an international application filed using PCT-SAFE or whose request was prepared by PCT-SAFE in PCT-EASY mode, clearly requesting that some or all of the priority documents be retrieved using the Digital Access Service;

(iii) by sending a letter, to be received by the International Bureau within 16 months from the priority date, quoting the international application number and clearly requesting that some or all of the priority documents be retrieved using the Digital Access Service.

Support can be obtained from the PCT-SAFE Help Desk (pctsafe.help@wipo.int), which acts as a focal point for DAS-related issues.

 

8 December 2009
Notification by IP Australia

IP Australia notified the International Bureau in accordance with paragraphs 10 and 12 of the Framework Provisions that it would commence operation as both a depositing Office and an accessing Office with effect from 12 December 2009.

The legal basis for recognition of priority documents made available through the service has been established by amendments to the Patents Regulations 1991 as made by the Intellectual Property Legislation Amendment Regulations 2008 (No.1) and Intellectual Property Legislation Amendment Regulations 2009 (No.2). Regulations 1.6A and 8.6A in particular provide for legal recognition of a document made available to the Commissioner through an approved digital library.

Following consultation with the Consultative Group and designation by the International Bureau with effect from 12 December 2009, the scope of the Office’s participating digital library which it makes available as a depositing Office is all national patent applications filed at the Office which the applicant specifically requests be made available to the service

As an accessing Office, the Office will recognise priority documents available to it through the service for the purposes of any application for which the time for furnishing the priority document has not expired by 12 December 2009.

Regarding the technical arrangements for this arrangement:

  • All documents and information will be exchanged over PCT EDI in accordance with WIPO’s DAS Architecture: Document Exchange and Dataflow document, as well as the sending of over sized documents on CD or DVD.
  • As a depositing Office, the Office has adopted Route A from the alternative entry routes set out in the system architecture described in Annex I of document WIPO/DAS/PD/WG/2/4.

The following practical information may be useful to applicants:

  • A request to the Office to make an application available through the service may be made using the Request to Transmit Priority Document to the Priority Document Access Service (DAS) form; available from the Office website at: http://www.ipaustralia.gov.au/resources/forms_patents.shtml.
  • Where a patent application is filed in Australia relying on foreign priority there is no requirement to provide a certified copy of a foreign priority document unless requested by IP Australia. However if IP Australia has been given access to the document through DAS this should be indicated on the relevant patent request form. If not and IP Australia later requests access to the document the applicant will be able to meet this obligation by advising IP Australia that the priority document is available from the DAS.

Further details on the Office’s participation in the service can be found at http://www.ipaustralia.gov.au/patents/das.shtml.
 

30 September 2009
Notification by the United Kingdom Intellectual Property Office

The United Kingdom Intellectual Property Office notified the International Bureau in accordance with paragraphs 10 and 12 of the Framework Provisions that it would commence operation as both a depositing Office and an accessing Office with effect from 4 October 2009.

The legal basis for recognition of priority documents made available through the service is Rule 8(4)(b) of the Patents Rules 2007, which waives the requirement for a copy of a priority application to be furnished where it is available to the comptroller.  Rule 2(3) states that a document is available to the comptroller where it is in electronic storage and he can access it by using electronic communications.

In order for Rule 8(4)(b) to apply, the document must be available to the comptroller by the end of the period in which it would normally have to be furnished (“the relevant period”).  If a priority document temporarily cannot be retrieved by the Office from the service, but a certificate in accordance with paragraph 13 of the Framework Provisions states that the document was available to the Office before the end of the relevant period, the document may be retrieved later with no further action required by the applicant.

If a priority document ultimately cannot be retrieved by the Office from the service, the applicant may be required to furnish a copy of the document in accordance with Rule 8(2) of the Patents Rules 2007.  If the priority document cannot be furnished before the end of the relevant period, the period can be extended in two month tranches in accordance with Rule 108.

Following consultation with the Consultative Group and designation by the International Bureau on 22 September 2009, the scope of the Office’s participating digital library (hosted by the International Bureau) which it makes available as a depositing Office extends to all national patent applications filed at the Office in electronic form which the applicant specifically requests be made available to the service.

As an accessing Office, the Office will recognise priority documents available to it through the service for the purposes of any application for which the time for furnishing the priority document has not expired by 4th October 2009.

Regarding the technical arrangements for this arrangement:

  • All documents and information will be exchanged over PCT‑EDI.
  • As a depositing Office, the Office has adopted Route A from the alternative entry routes set out in the system architecture described in Annex I of document WIPO/DAS/PD/WG/2/4.

The following practical information may be useful to applicants:

  • A request to the Office to make an application available through the service may be made at the time of filing by checking the relevant box in the Office’s electronic filing system, or after filing by sending a letter clearly stating the relevant application number and indicating that it should be made available to the Priority Document Access Service (provided that the application was filed electronically).
  • To request the Office as accessing Office to retrieve a priority document from the service, the applicant should check the relevant box in the Office’s electronic filing system, or for paper-filed applications, indicate in a covering letter or on Patents Form 1 that the document is available via the Priority Document Access Service, along with the date on which it became available.  Documents retrieved via the service may also be used to substantiate a reference to an earlier application in accordance with Rule 17(3) of the Patents Rules 2007.
  • The Intellectual Property Office will notify an applicant within 30 days if it is unable to retrieve a document from the service.  This will ensure that the applicant has enough time to furnish a copy of the document, or to extend the period for doing so if necessary.

Further details on the Office’s participation in the service can be found at: http://www.ipo.gov.uk/p-apply-online-pdas.htm.

29 September 2009
Notification by the Spanish Patent and Trademark Office

The Spanish Patent and Trademark Office notified the International Bureau in accordance with paragraphs 10 and 12 of the Framework Provisions that it would commence operation as both a depositing Office and an accessing Office with effect from 1 October 2009.

Recognizing priority documents provided by the applicant via the Service and the eligibility of the legal channel which allows, under exceptional circumstances, late compliance with the requirements of necessary documentation for a valid priority claim, would be included in the regulatory standards for restoration of rights or restitutio in integrum contained in Article 25 of Law 17/2001 on Trademarks of December 7, applicable to other industrial property arrangements by express reference to the Seventh Additional Provision of the above Law.  Equally, Articles 47 and 48 of Decree 687/2002, of July 12, adopting the Regulations implementing the Law on Trademarks, will be applicable.

Following the meeting with the Consultative Group and designation by the International Bureau on September 22, 2009, the scope of OEPM’s Digital Library as a Depositing Office is defined in the following manner: all national patent applications filed with OEPM on October 1, 2009 or later with the applicant expressly indicating that it would like to use the service:

As Accessing Office, OEPM will recognize priority documents which allow a claim to foreign priority based on those applications which would have been filed on time with one of the Participating Offices as of October 1, 2009. This recognition would not remove the requirement to file in a timely and reliable manner the translation of the priority documents when the language is not Spanish.

As regards the technical aspects:

  • All documents and information will be exchanged via PCT-EDI, in accordance with its specifications;
  • As Depositing Office, OEPM has adopted Route A from among the alternative entry routes.

The following practical information will be useful to applicants:

  • A request to OEPM for access to an application via the Service may be made by completing the corresponding form, available on the Office’s web site (www.oepm.es), as well as at the OEPM’s virtual registry office or in writing with the person concerned clearly indicating that the document should be made available to the Digital Access Service.  This communication will be transferred to WIPO which will then send access codes for the Service to the applicant by email.
  • To request OEPM as Accessing Office to retrieve a priority document from the Service, the applicant should indicate as much on the application form along with the date on which the document became available to OEPM or send a letter to OEPM.  The applicant will have four months from the application date to provide notification that the document is accessible via the Service. If OEPM is not able to retrieve the document, it will notify the applicant, offering a period of two months to rectify the problem.

30 June 2009
Notification by the Korean Intellectual Property Office

The Korean Intellectual Property Office notified the International Bureau in accordance with paragraphs 10 and 12 of the Framework Provisions that it would commence operation as both a depositing Office and an accessing Office with effect from 1 July 2009.

The legal basis for the recognition of priority documents made available through the service, is set out in the public notification of KIPO (“public notification for digital exchange of priority document no. 2009-10”).

 The scope of KIPO’s digital library which it will make available as a depositing Office is as follows:

  • All national patent applications filed at KIPO, of which a period of 16 months has not elapsed since their filing date and;
  • Only applications for which the applicant specifically request to be made available to the service.

 As an accessing Office, the KIPO will recognize priority documents available to it through the service provided that the designated period for claiming priority right of the earliest application has not elapsed (i.e., is still within 12 months from the filing date of the patent application) and the certified copies of the earliest application shall be acquired within 16 months from its filing date.  

Regarding the technical arrangements for this service:

  • All documents and information will be exchanged over the Trilateral Document Access (TDA) service in accordance with version 1.7.1 of the TDA specifications, including the provisions relating to electronic Priority Document Exchange (PDX) systems and the Digital Access Service, as well as the sending of over‑sized documents on CD or DVD.
  • As a depositing Office, the KIPO has adopted Route C from among the alternative entry routes set out in the system architecture described in Annex I of document WIPO/DAS/PD/WG/2/4.

 The following practical information may be useful to applicants:

  • Requests to the KIPO for DAS access codes may be made online at www.kiporo.go.kr or by downloading Form19, completing and submitting it to KIPO either by postal mail or in person. The Form19 is available for download at www.kiporo.go.kr.
  • After receiving a “DAS access code,” applicants should register the code at the Priority Document Access Service web portal.
  • To request the KIPO as an accessing Office to retrieve documents from the service, an applicant should submit an application indicating the application number of the earliest application for claiming a priority right. However, the Office to which the first filing was made will participate in providing the priority documents through the DAS on behalf of the applicants.
  • As an accessing Office, the KIPO will automatically attempt to retrieve all priority documents from the service and so if an applicant believes that he or she has taken all necessary steps at the Office of first filing or its portal to make the documents available to the service, he or she does not need to make any special indication to either the accessing or depositing Office. If however, the KIPO is not able to access the documents from the service, it will contact the applicant, offering a period of at least two months for the problem to be rectified by the applicant. 
 

2 April 2009
Notification by the United States Patent and Trademark Office

The United States Patent and Trademark Office notified the International Bureau in accordance with paragraph 10 and 12 of the Framework Provisions that it would commence operation as both a depositing Office and an accessing Office with effect from 20 April 2009.

In respect of this notification, the Office specified the following options:

  • Communication beween the International Bureau and the Office would comply with the Trilateral Document Access specification, including the provisions relating to Priority Document eXchange and DAS services, as well as the sending of oversized documents on CD or DVD.
  • As a depositing Office, the Office has adopted Route C from the entry routes set out in the system architecture.

  

31 March 2009
Notification by the International Bureau

The International Bureau notified in accordance with paragraph 10 of the Framework Provisions that documents from the digital library comprising international applications filed at the receiving Office of the International Bureau would be made available through the Service with effect from 1 April 2009.

 

6 March 2009
Notification by the Japan Patent Office

The Japan Patent Office notified the International Bureau in accordance with paragraph 10 and 12 of the Framework Provisions that it would commence operation as both a depositing Office and an accessing Office with effect from 1 April 2009.

In respect of this notification, the Office specified the following options:

  • Communication beween the International Bureau and the Office would comply with the Trilateral Document Access specification, including the provisions relating to Priority Document eXchange and DAS services, as well as the sending of oversized documents on CD or DVD.
  • As a depositing Office, the Office has adopted Route C from the entry routes set out in the system architecture.

 

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