Patent Blog

Crash Course on Patents

Patent legal rights are granted by federal Patent Departments, and so patent protection for an invention must be wanted in any country individually. The technique normally involves three methods. At first, the human being (or firm) looking for patent protection must submit a patent application at the Patent Office.

The patent application:
The initial step in getting a patent on an invention is writing a patent application. In this application, the creator must divulge the invention in satisfactory detail for the regular skilled person to be able to reconstruct it. In this way, anyone should be able to rebuild the innovation and put it on himself once the patent rights become depleted.

The publication:
A patent request is published 18 months after it really has been filed (or 18 months after its priority application, if any specific, has been filed).

The novelty search:
In order to determine whether or not an invention is patentable, it has got to be compared against that which was known at the day before the day of filing of the application. This really is known as the state-of-the-art. Papers those were unavailable until on the day of filing should be disregarded because they were not part of the state-of-the-art at the event of filing.

The examination:
Within this stage, the copyright application is contrasted against the state of the art by an Examiner, who makes a determination whether the new technology is novel and whether it involves an inventive phase. In order to accurately determine exactly what the invention is, each patent application consists of a variety of claims at the end of the application.

Not surprisingly, a patent is not resistant after grant. You can invalidate a patent at any moment depending on the fact that it is not novel or that it must be obvious over the previous art, so long as the appropriate evidence can be provided.

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Why binding of inventions Under Patent regulations is essential?

Patents in the modern day inclination toward the word appeared in 1474 in the Venetian Republic. This year, a decree was given, according to which of the developments realized in rehearse, it was important to inform the Republican authorities, in order to avoid the use of inventions by others. The expression of a patent was ten years old. In 1623 in England issued a "Statute of Monopolies," according to which patents are provided for "projects of new inventions." The first patent code of the United States (Patent Act) publicized in 1790. In Russia in 1812 appears the initial general "law of specialties," and in 1830 the law of March 30, establishes the basic fundamentals of patent law.

A patent for an Creation may be granted by the concern power if the invention satisfies three basic conditions of patentability that is new, it is not known from the prior art, entails an inventive phase, that is, the proposed solution for the specialized does not undoubtedly follow from the prior art that should not be obvious; is industrially applicable, i.e. It can be used in printing, prescription drugs industry, media, communication network, IT, agriculture and other sectors of activity. Under the phase of test and distribution, the proposed patent is said to be checked whether or not it comply with all the rules or otherwise not. If desire patent comprises of all of the rules and regulations then it passes for patent registration.

Patent is amongst the primary parts of intellectual property that used to follow to guard the invention from obtaining use by third party. Patent not only protect once invention but also enables him to employ his or her invention while getting his business on the top of the list. Patent is placed of rules and limits under which patentee may reap all the legal benefits of invention while employing in the corporate world. Here the very same patentee can share partial or largest section of his or her patent privileges under an agreed base.

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Commercialization of Innovations

Considering INVENTIONS , INNOVATIONS AND Alternative technologies AND Help TAKING Choices AT THE Various STAGES OF THEIR Advertising AND Industrialization .

INTRODUCTION :
Technology and discoveries are key parts of the creation process , which modifies inventions into marketable products . This procedure is most complex and for this reason requires a lot professional professional skill and professional knowledge . WIPO and also IFIA have selected the main theme of this worldwide symposium “Commercialization of Original Inventions” in reply to various questions and requirements from inventors , organizations and revolutionary enterprises . Particular patented inventions will be introduced and mentioned in this international symposium over the subsequent days . Hopefully it will allow also to the members to exchange expertise and to obtain more insight into the complex facets of the innovation process .
Commercialization of the New technology ( THE Concluding BUT Most Important PHASE OF INNOVATION PROCESS )
If we look closer at the development process we will realize that it consists basically of 4 overlapping and correlated main phases :
1 ) Idea Generation
2 ) Conception Phase
3 ) Prototype and Formal production Phase
4 ) Production
5 ) Marketing as well as Commercialization

The crucial point in the development process is the making , marketing and industrialization stage , when the invention or the different product or method based on it will meet the test of the marketplace .
As it was already mentioned , the returns in terms of revenue upon its industrialization are the ultimate ( and eventually the most important ) evidence of the success of the invention and new product .
The innovation process is not a linear process and its different parts overlap and interact in a considerable degree . Nevertheless , for the inventor or his firm it is not advisable to begin commercialization at such a young stage and at least not before having filed a copyright application .

Read more at Commercialization of Innovations as PDF

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What are Ideal Practitioners and Why do we need Them?

Specialized improvements in company spheres are making all organization areas modern technology powered. It really is for this reason that in the current global overall economy scenario, the single mantra for progress in the corporate realm appears to be an effective investment in the knowledge economy, in which an effective Patent profile creation and also its management plays a vital role and becomes a critical adjunct to the core business of a corporate and has to be aligned with many other core activities of the corporate.

Patent Profile creation, safety and commercialization is able to only be successfully maintained if the company has a staff of Patent Professionals who not only understand the technology but also closely understand the other allied and also extremely complicated patent subject matters. This really is precisely why Patent Experts are one of the most revered professionals in the corporate circle.
This demands two most important skill bearing individuals:
1) Concerned Technologists
2) R&D professionals

Rough Idea of Innovation Process

If such professionals possess adequate understanding on patent subject issues, they would have the ability to better study and appreciate the impact of their IP's when commercialized. They would after that precisely know what they intend to guard to create meaningful IP's.
At the same time Legal Managers too cannot protect company's patent profile or even contribute much in the commercialization process aside from they are clear on the prevalent patent treatments and practices and have a native view of the patent concerns. Therefore TT consultants have opened up a sincere attempt to introduce research workers, technicians and other area experts to the subject material of patents and make all of them appreciate and comprehensively understand the End-to-End global patent situation. The course equates with a dedicated purpose of aligning the prospective target audience to the accomplish procedures and ideal practices concerning four verticals of Patents

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Explaining Patent Litigation

The court of Appeal disregarded Pozzoli's argument that Article 32 takes the full judicial hearing on the merits and held that a decision by the Courtroom of Appeal regarding whether or not to grant authorization to appeal from an order for revocation is a "judicial review" within the significance of Article 32 of the TRIPS Contract.

Nevertheless, the Court of Appeal went on to observe that, in patent instances which are not so clear and also which might not be known sufficiently readily by the Courtroom of Appeal in a hour or so, the much better course was normally for the trial judge to give authorization to appeal. This was because the Court of Appeal, when met with an imperfect understanding of the situation and a feasible skeleton argument seeking permission to appeal, would definitely grant permission in any event.

Patent Litigation Support

So it still remains the case that a bash wanting to allure a judgment from a lower court must first influence the judge who made the decision to be appealed that the appeal has a real notion of success or that there is some powerful reason why the appeal should be heard. Examples are cases devising questions of terrific public attention or questions of general policy. On the other hand, following Pozzoli, approval can also be granted in the event that a party can influence a judge that it will take the Courtroom of Appeal greater than a hour to adequately understand the case to make a meaningful decision on permission to appeal. In practice, this could be a more appealing submission than trying to convince a Judge that he got it wrong. Failing that a party can still apply straight to the appeal court in an appeal notice.

Any permission granted may be limited to particular issues to be heard on the appeal or may be susceptible to conditions, for example, deferring the hearing of the appeal to a later time frame.

For all cases the appellant “or proposed appellant, if that party is seeking permission from the appeal court” must demand permission to allure in an appellant’s notice. The appellant’s notice must be made at the appeal court within 21 days after the day of the decision of the reduced court that the appellant would like to appeal unless an alternative time period is directed by the lower court “which might be longer or shorter when compared to 21 days”. An appellant who takes more than 21 days should relate to the lower court when the judgment is provided.
Conveying Patent Litigation.

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Teenagers with overweight will benefit from gastric bypass surgery just as much as adults

Teenagers with obesity will benefit from gastric bypass surgery just as much as adults

Teenagers with extreme overweight will benefit from gastric bypass surgery as much as grown ups. A study by Sahlgrenska Academy, College of Gothenburg, Sweden and Karolinska Institute, Sweden found that 81 teens shed approximately 96.8 lbs following surgical treatment, considerably enhancing their health and top quality of life.

The research, posted by the Worldwide Journal of Obesity, needed eighty-one 13-18 year-olds who had gastric bypass surgery, which had in the past been performed on people younger than 18 in remarkable cases only.

The brand new research found that gastric bypass surgery is just as effective in teenagers as with adults. At two-year follow-up, the teens had averaged weight reduction from 292.6 to 195.8pounds, their self-rated high quality of life had increased and a number of risk elements for coronary heart disease - primarily insulin amounts - have greatly improved.

"The teenagers who participated in the study represent a highly vulnerable cluster, with a history of psychosocial problems related to overweight, as well as bullying and underlying mental ailment," says Torsten Lobbers, a researcher at Sahlgrenska Academy, Lead Surgeon at Sahlgrenska College Medical center along with the leader of the research.

"With that in mind, the outcomes are surprisingly good. We will absolutely want to carefully examine potential adverse effects of gastric sidestep surgery in teenagers. However no other treatment is now available for this group. Moreover, we understand from previous studies that youngsters with severe obesity have reached risk of creating other diseases and lesser quality of existence as adults. For this reason, we hope that the method may eventually be offered to more teenagers" Torsten Olbers concludes.

"Given that these teenagers have attempted all other weight control alternatives and are hard to treat, pediatricians are very responsive to a new treatment method," states Professor Claude Marcus at Karolinska Institute, who was the pediatrician in charge.

The researchers demands that gastric bypass surgery will not automatically have an impact on psychological problems: some of the youngsters persisted to feel them despite having lost weight. Furthermore, medical complications such as volvulus and gallstones required follow-up surgery in some cases.

Source: University of Gothenburg

Samsung V/S apple battle goes on with new apple I phone 5 and Samsung Galaxy S III

As Samsung airs TV ads poking entertainment at the ones that waited in line for the apple iphone 5, the legal shots between the corporations proceeds.
Patent news

V/S

A little over 30 days after a Ca jury suggested Samsung pay over $1 billion in loss to Apple company for patent infringement, the arbitrator in the case has lifted the ban on Samsung's Galaxy Tab 10.1.

While the jury did find Samsung guilty of duplicating several popular features of Apple's items in the event, they didn't discover the Galaxy Tab 10.1 to infringe on a model patent. Samsung had asked for the sales prohibit to be lifted, and final night Judge Lucy Koh dissolved the injunction.
Samsung is taking on Apple's i phone 5 in a separate case. On Monday, Samsung's attorneys added the apple iphone 5 to its original filings, which held that Apple's iPhone, iPad and iPod Touch infringed on two of its mobile broadband patents. This second court case between the two tech giants is set to go to trial in March 2014.

"There is good cause to allow Samsung to change its infringement contentions to include the brand new iPhone 5 as an accused device in this lawsuit," the document filed by Samsung's attorneys states.

"We have constantly preferred to compete in the marketplace with our advanced products, rather than in a courtroom. Nevertheless, Apple continues to take hostile lawful action which will restrict marketplace competition," Samsung said in a touch. "Under these circumstances, we have tiny recourse but to seize the steps necessary to guard our innovations and rational property privileges."

Apple declined to comment when reached by ABC News.

The war between the two technical giants, analysts believe, will only obtain fiercer. "The Samsung vs. Apple war is becoming uglier before it improves," market analyst Patrick Moorhead told ABC News. "Samsung views Apple as a threat to their long-term survival but will do what it takes damage them. Samsung are going to spend billions to do this since their company is under tackle."

But even though the public doesn't carry out the legal dispute, they won't be able to escape the ads. Samsung has taken out print and video ad space throughout to push its Galaxy S III over Apple's brand new iPhone 5. Ultimately, there's no keeping away from the battle.

How do you safeguard intellectual property?

How do you safeguard intellectual property if you need to work with individuals who are not reliable? This is beyond any agreement, software or workflow safeguards that could be available.

In certain type or some other, the intellectual property exceeds the hands of many people in your enterprise at all levels. How can you have them from walking away with it? I know you will discover tools in the market that prevent sending emails content away, or saving to USB sticks. Are there any specific perfect practice or platforms out there.

An IT director Paul melson Said That There can be three aspects of coverage to consider for dealing with intellectual property (IP). The very first is a DLP software program solution that displays workstations and network boundaries for your trusty IP and also stop its transfer. The second is substantial security procedures, including access monitoring and substantial searches of employees since they go away from places they were working with IP. The 3rd and key part is an officially authorized document signed by each employee that information the nature, ownership, and expectations for managing and disclosure of IP along with the company's resort when they neglect to abide by the agreement.

That said, an individual who is determined to pass proprietary material to unlawful parties are able to get around all these methods. If you are aware of workers who definitely are untrustworthy, your best move will be to take away these people from the corporation.

The first step is to have a policy.

The second stage is member of staff instruction.

The policy must be strongly endorsed by higher management and imposed. Appropriate effort has to be spent educating employees. At the time of education I have them sign a confidentialy, solitude, and information security agreement that clearly indicates their responsibilities, legal ramifications for violation, with consequences.

Information Classification is yet another way to protect your assets. Employees should only be allowed access to information if there is a necessity to know. If your organization feels there exists a trustworthiness issues, than exclude those invididuals use of the info. If they breach the rules take suitable action.

For those who have suspicion to believe that you have problem workers in your enterprise. You should talk over some of this with legal counsel.

Patented techonological innovation from ground breaking science

Patented technological innovation from ground breaking science causes a fresh category of healthiness goods.

Patented technology from leading edge technology induces a new classification of well-being supplements to provide wellness incomparable by any item in addition to company

Our one-of-a-kind stem cell nutrition items are designed to help your body’s mature stem cellular physiology, supplying you with an unmatched degree of well being, both equally inside and out.*

Many people will not know that adult stem tissues play the key part in the all-natural regeneration of your whole body because they are important for the maintenance and also repair of organs and also tissue in the course of your lifetime.

Because of factors for example age, anxiety, toxins or poor diet, there is a reduction in the release and also pursuit of mature stem cells, which can lead to a decline in the genuine ability of your body to sustain optimal health. Stemtech’s clinically studied stem cell nutrition line of items is made to help support three most important facets of stem cell physiology: the discharge, flow and also migrations of stem tissues.

Stemtech’s goods do not contain stem cells. These are made up of genuine botanicals as well as other substances that have been clinically reported to assist the functionality of your own stem cells.

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China bypasses Big Pharma patents, authorizes low priced generic medicine processing

The Chinese govt has legally amended their patent laws to allow drugs companies to recreate commonly used, cheap variations of expensive, patented drugs, audacious move which is likely to shake up the pharmaceutical industry. According to Reuters Health, information put up at China's State Intellectual Property Office website explains that the Chinese government will certainly now start issuing compulsory licenses that sidestep drug patents during times of state emergencies or other rare circumstances, or when doing so benefits the interests of the community.

http://patentssupportonline.blogspot.com

Patent laws are the secrets to the kingdom, so to speak, for Large Pharma, as they ensure a steady flow of steep profits from "blockbuster" drugs for many years. In the U.S., these patents work 20 years from the time they are very first filed, which results in medication organizations being in position to mark-up the cost of drugs as much as 569,000 percent more than the cost of their actual raw substances.

Those extremely substantial drug charges leave many sufferers in a serious financial dilemma, since the varieties of drugs administered for critical situations such as melanoma might amount well over $100,000 or even more annually. Many cancer patients who take the regular treatment route, for instance, often end up required to shuffle treatment costs onto their insurance vendors or taxpayers, or else agree with undertake the load of enormous debt.

This kind of situation has become particularly complex in Beijing china and also several other places in the East, where the average individual can make far less than the average individual living in the West. So to speak to this condition, China has taken care of World Trade Organization (WTO) suggestions that let affiliate places to basically bypass patent legal guidelines in particular circumstances.

"In May 2012, Asia created a change in their IPR (intellectual property rights) legal guidelines to be capable to issue compulsory licenses," said Bob Verbruggen, senior expert for the UNAIDS Asia Pacific office, to Reuters. Verbruggen took part in latest drug pick up workshop managed by the United Nations (UN) where Chinese legislators explained the changes to their country's patent laws.

"China is contemplating further strengthening its lawful framework, in order to take advantage of legal space to deliver generic medication. China's action plan at the workshop seemed to confirm that it intends to turn into a simple producer (of medicines) for the domestic and international market."

China plans to export generic versions of patented medicines
What this means is that China will have the possiblity to produce low-cost, simple models of patented drugs, and export them to other nations, including to America. Costly medicines like the cancer drug tenofovir (Viread), for instance, may soon developed into accessible as a much-cheaper "copy" of the unique.

Rafael Correa, Entrepreneur of Ecuador, created a similar move in his country returned in 2009, although Ecuador possesses not necessarily become a significant exporter of copycat drugs like China plans to perform. President Correa declared medicine to be a "human right" that should by no means be patented, and decided to issue mandatory licenses to simple drug manufacturers.

"Open source" medicine is an idea we right here at Patentssupport also grab hold of. And this is not to mean that all medicine should be free -- "free" just signifies that taxpayers are paying for it -- but rather that medications should be open or intended for anyone to produce and sell without fear of infringing a patent. This kind of a paradigm already largely exists in the nutritional and natural capsule sectors, which produce product formulation from individual herbs, herbs, elements, as well as other substances that are not patented or even owned by any single organization or entity.

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Economic issues raised by patents

Viewed from the angle of innovation policy, patents aim to foster innovation in the private sector
by allowing inventors to profit from their inventions. The positive effect of patents on innovation as incentive mechanisms has been traditionally contrasted with their negative effect on competition and technology diffusion. Patents have long been considered to represent a trade-off between incentives to innovate on one hand, and competition in the market and diffusion of technology on the other.

However, recent evolutions in science and technology and patent policy and progress in the economic analysis of patents have nuanced this view: patents can hamper innovation under certain conditions and encourage diffusion under others. The impact of patents on innovation and economic performance is complex, and fine tuning of patent design is crucial if they are to become an effective policy instrument.

Empirical evidence tends to support the effectiveness of patents in encouraging innovation,
subject to some cross-industry variation. In a series of surveys conducted in the United States, Europe and Japan in the mid-1980s and 1990s, respondent companies reported patents as being extremely important in protecting their competitive advantage in a few industries, notably biotechnology, drugs, chemicals and, to a certain extent, machinery and computers. Companies in other industries reported that patents play a secondary, if not negligible, role as a means of protection for their inventions, as they tend to rely more on alternative means such as secrecy, market lead, advance on the learning curve, technological complexity and control of complementary assets (Levin, Klevorick, Nelson and Winter, 1987; Cohen, Nelson and Walsh, 2000).

However, patent protection may also hamper further innovation, especially when it limits access
to essential knowledge, as may be the case in emerging technological areas when innovation has a
marked cumulative character and patents protect foundational inventions. In this context, too broad a protection on basic inventions can discourage follow-on inventors if the holder of a patent for an essential technology refuses access to others under reasonable conditions. This concern has often been raised for new technologies, most recently for genetic inventions (Bar-Shalom and Cook-Deegan, 2002; Nuffield Council on Bioethics, 2002; OECD, 2003a) and software (Bessen and Maskin, 2000; Bessen and Hunt, 2003).

In addition, as has long been recognised, the main drawback of patents is their negative effect on
diffusion and competition. As patents are an exclusive right that creates a temporary monopoly, the patent holder can set a market price higher than the competitive price and limit the total volume of sales. This negative impact on competition could be magnified as patent holders try to strengthen their position in negotiations with other firms, in an attempt to block access by competitors to a key technology, or inversely, to avoid being blocked by them (Shapiro, 2002). Such strategic patenting seems to have developed over the past 15 years, notably in the electronics industry (Hall and Ziedonis, 2001).

Nevertheless, patents can also have a positive impact on competition when they enhance market
entry and firm creation. Not only is there evidence of small companies being able to assert their right in front of larger ones thanks to their patent portfolio, but patents may also be a decisive condition for entrepreneurs to obtain funds from venture capitalists (Gans, Hsu and Stern, 2002). Moreover, patents may enhance technology diffusion. Patenting means disclosing inventions which might otherwise be kept secret. Industrial surveys show that the reluctance of firms to patent their inventions is primarily due to the fear of providing information to competitors. This has been confirmed in the OECD/BIAC survey on the use and perception of patents in the business community, sent to firms in OECD countries in 2003 and in which respondents indicated their intensive use of patents as a source of information (Box 2; Sheehan, Guellec and Martinez, 2003). Patents also facilitate transactions in markets for technology: they can be bought and sold as property titles or, more frequently, be subject to licensing agreements which allow the licensee to use the patented invention in return for payment of a fee or royalty (Arora, Fosfuri and Gambardella, 2001; Vonortas, 2003). Finally, enhancing technology diffusion has been the goal put forward by governments to encourage universities to patent their inventions, with the objective of licensing them to businesses that will further develop and commercialise them (OECD, 2003b).

In summary, the traditional view of patents as a compromise between incentives to innovate and barriers to technology diffusion, if not incorrect, presents a rather partial picture, as patents can either encourage or deter innovation and diffusion, depending on certain conditions. In fact, the effect of patents on innovation and diffusion depends on particular features of the patent regime. Patent subject matter, patenting requirements and patent breadth are three basic tools for policy makers involved in the design of patent regimes that could be used to enhance both innovation and diffusion (Encaoua, Guellec and Martinez, 2003):
• Patent subject matter is the domain of knowledge that can be patented, if the patenting criteria
of novelty, non-obviousness and usefulness are also met. For instance, scientific discoveries
and abstract ideas are generally excluded. Its definition must be based on a careful
examination of when it is efficient for society to offer patent protection in addition to other
legal or market-based means of protection.

• Patenting requirement is the height of the inventive step required for a patent application to be
granted. It is understood as the extent of the contribution made by an invention to the state of
the art in a particular technology field. The higher that contribution, the more selective the
process, thus the lower the number of patents granted. The lower it is, the larger the likelihood
of finding many inventions with no significant social value. Conversely, too high a requirement
would discourage innovations which, while not being radical, are still necessary for
technological breakthrough to translate into actual products and processes.

• The breadth of a patent is the extent of protection granted to patent holders against imitators
and follow-on inventors. Not only do patentees obtain exclusive rights on their own invention
but also on other inventions which are deemed “functionally equivalent”, and to a certain
extent on improvements of their inventions. Patents that are too broad allow their holders to
“pre-empt the future”, while patents that are too narrow discourage research that feeds into
follow-on inventions. Other policy or legal aspects have an impact on the patent system, including the amount of damages attributed by courts in case of infringement, the conditions for exemptions for research use, etc. Taken together, these aspects determine the strength of patents. Overall, excessively weak and narrow patents might deter business investment in R&D, as it becomes too easy for an imitator to undercut the inventor’s market price. Weak and narrow patents may also encourage secrecy at the expense of publicity, and harm markets for technology, hence hindering diffusion of technology. Conversely, excessively strong and broad patents may open the door to undesired strategic behaviour by patent holders, who may use their titles to appropriate revenue from existing inventions marketed by other companies. For instance, a broad patent on a basic invention with no substitutes may be equivalent to having an exclusive right of exploitation over an essential facility, allowing its holder to bar follow-on inventors who would be willing to invest in R&D to create socially useful applications.
By carefully balancing these multiple instruments, policy makers can design patent regimes that are favourable to both innovation and diffusion.

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What are ‘invention promotion’ companies?

Some invention promotion firms may offer

you free information on how to patent and

market your invention.

Some unreliable firms promise to

evaluate your invention for a fee of a few

hundred pounds, then tell you that your

invention has great market potential.

They may offer to promote your invention

to manufacturers if you pay a fee of

several thousand pounds up front. Once

you have paid up, they may do little or

nothing for you.

Reputable companies will carry out the

research and provide a genuine market

evaluation giving you an honest review

of your invention’s potential. They don’t

use bogus research and mass-produced

positive reports, or charge large fees

up front, as some unreliable companies

do. They will recommend what research

should be carried out to evaluate your

invention and, if the outcome is positive,

how they would market it. They will give

you an estimated breakdown of what the

costs will be at each stage of the process

and the level of risk involved.

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