Patent and Trademark Office – Federal Register Recent Federal Regulation Documents

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Rules Governing Director Review of Patent Trial and Appeal Board Decisions
Document Number: 2024-22194
Type: Rule
Date: 2024-10-01
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO or Office) is adding a new rule to govern the process for the review of Patent Trial and Appeal Board (PTAB or Board) decisions in Leahy-Smith America Invents Act (AIA) proceedings by the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (Director). The new rule promotes the accuracy, consistency, and integrity of PTAB decision-making in AIA proceedings.
Extension and Termination of the After Final Consideration Pilot Program 2.0
Document Number: 2024-22481
Type: Notice
Date: 2024-10-01
Agency: Department of Commerce, Patent and Trademark Office
On April 3, 2024, the United States Patent and Trademark Office (USPTO), when setting and adjusting patent fees for fiscal year 2025, proposed a new fee to recuperate costs affiliated with the submission of a request for consideration under the After Final Consideration Pilot Program 2.0 (AFCP 2.0). Commenters on the proposal expressed concerns about the AFCP 2.0 and the proposed fee. In view of these comments, the USPTO has decided to allow AFCP 2.0 to expire. While the program currently runs through September 30, 2024, to accommodate those who may be in the process of preparing to use the program, the USPTO will provide a short extension of the expiration of the program. The USPTO is setting December 14, 2024, as the last day to submit a request for participation under the program.
Grant of Interim Extension of the Term of U.S. Patent No. 7,199,162-GRAFAPEXTM (Treosulfan)
Document Number: 2024-22480
Type: Notice
Date: 2024-10-01
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office has issued a certificate for a one-year interim extension of the term of U.S. Patent No. 7,199,162.
Rules Governing Motion To Amend Practice and Procedures in Trial Proceedings Under the America Invents Act Before the Patent Trial and Appeal Board
Document Number: 2024-21134
Type: Rule
Date: 2024-09-18
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (Office or USPTO) modifies its rules of practice governing amendment practice in trial proceedings under the Leahy-Smith America Invents Act (AIA) to make permanent certain provisions of the Office's motion to amend pilot program (MTA pilot program) and to revise the rules that allocate burdens of persuasion in connection with motions to amend (MTAs). These rules provide a patent owner with the option of issuance of preliminary guidance in response to an MTA and the option of filing one additional revised MTA. Further, these rules clarify that a preponderance of evidence standard applies to any new ground of unpatentability raised by the Board, and that when exercising the discretion to grant or deny an MTA or to raise a new ground of unpatentability, the Board may consider all evidence of record in the proceeding. The rules further provide that the Board may consider information identified in response to a Board-initiated request for examination assistance, and that the results of that assistance will be added to the record. The rules better ensure the Office's role of issuing robust and reliable patents, and the predictability and certainty of post-grant trial proceedings before the Board. These rules relate to the Office trial practice for inter partes review (IPR), post-grant review (PGR), and derivation proceedings that implemented provisions of the AIA providing for trials before the Office.
2024 Guidance Update on Patent Subject Matter Eligibility, Including on Artificial Intelligence
Document Number: 2024-21085
Type: Notice
Date: 2024-09-17
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) is extending the comment period for the notice titled "2024 Guidance Update on Patent Subject Matter Eligibility, Including on Artificial Intelligence" that was published in the Federal Register on July 17, 2024. The notice's comment period is extended until October 16, 2024. This will be the only extension of the comment period.
Extension of the Patent Trial and Appeal Board Motion To Amend Pilot Program
Document Number: 2024-21135
Type: Notice
Date: 2024-09-17
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) is extending the Motion to Amend (MTA) pilot program, initiated on March 15, 2019, and previously extended up to September 16, 2024. The MTA pilot program provides additional options for a patent owner who files an MTA before the Patent Trial and Appeal Board (PTAB). In particular, the MTA pilot program provides a patent owner who files an MTA with options to request preliminary guidance from the PTAB on the MTA and to file a revised MTA. The MTA pilot program also provides timelines for briefing to accommodate these options.
National Medal of Technology and Innovation Nomination Evaluation Committee Meeting
Document Number: 2024-19664
Type: Notice
Date: 2024-09-03
Agency: Department of Commerce, Patent and Trademark Office
The National Medal of Technology and Innovation (NMTI or Medal) is the nation's highest honor for technological achievement, bestowed by the President of the United States on the nation's leading innovators. The Medal is awarded to individuals, teams (up to four individuals), companies, or divisions of companies for their outstanding contributions to America's economic, environmental, and social well-being. The NMTI Nomination Evaluation Committee will meet in a closed session on September 26, 2024. The primary purpose of the meeting is to discuss the relative merits of the people, teams, and companies nominated for the NMTI.
Nomination of Individuals to the Council for Inclusive Innovation
Document Number: 2024-19064
Type: Notice
Date: 2024-08-26
Agency: Department of Commerce, Patent and Trademark Office
The Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USPTO) requests the nomination of individuals to the Council for Inclusive Innovation (CI\2\ or the Council) within the USPTO. The Secretary of Commerce (Secretary), in coordination with the Under Secretary of Commerce for Intellectual Property and Director of the USPTO (Director), will consider nominations received in response to this notice, as well as from other sources.
Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Trademark Post Registration
Document Number: 2024-16328
Type: Notice
Date: 2024-07-25
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO), as required by the Paperwork Reduction Act of 1995, invites comments on the extension and revision of an existing information collection: 0651- 0055 (Trademark Post Registration). The purpose of this notice is to allow 60 days for public comment preceding submission of the information collection to OMB.
Withdrawal of Changes to Post Registration Response Deadlines
Document Number: 2024-15472
Type: Proposed Rule
Date: 2024-07-19
Agency: Department of Commerce, Patent and Trademark Office
On November 17, 2021, the United States Patent and Trademark Office (USPTO) published in the Federal Register a final rule amending its regulations to implement provisions of the Trademark Modernization Act of 2020 (TMA) concerning new response periods and extensions in the examination of post-registration filings. After publication of that rule, the USPTO delayed the effective date of a portion of the rule including through another final rule published on September 12, 2023. This proposed rule would withdraw these provisions that are currently delayed.
2024 Guidance Update on Patent Subject Matter Eligibility, Including on Artificial Intelligence
Document Number: 2024-15377
Type: Notice
Date: 2024-07-17
Agency: Department of Commerce, Patent and Trademark Office
In accordance with Executive Order 14110 on the "Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence" (October 30, 2023) (Executive Order), the United States Patent and Trademark Office (USPTO) is issuing a guidance update on patent subject matter eligibility to address innovation in critical and emerging technologies (ET), especially artificial intelligence (AI). This guidance update will assist USPTO personnel and stakeholders in evaluating the subject matter eligibility of claims in patent applications and patents involving inventions related to AI technology (AI inventions). This update also announces a new set of examples that are intended to assist USPTO personnel in applying the USPTO's subject matter eligibility guidance to AI inventions during patent examination, appeal, and post-grant proceedings. In addition to addressing issues especially relevant to AI inventions, this guidance update addresses feedback from our stakeholders and includes discussions of recent Federal Circuit decisions on patent subject matter eligibility. This guidance update, together with the guidance provided in the Manual of Patent Examining Procedure (MPEP), is to be used by USPTO personnel when applying subject matter eligibility law.
Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Rules for Patent Maintenance Fees
Document Number: 2024-15704
Type: Notice
Date: 2024-07-17
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO), as required by the Paperwork Reduction Act of 1995, invites comments on the extension and revision of an existing information collection: 0651- 0016 (Rules for Patent Maintenance Fees). The purpose of this notice is to allow 60 days for public comment preceding submission of the information collection to OMB.
Performance Review Board
Document Number: 2024-15595
Type: Notice
Date: 2024-07-16
Agency: Department of Commerce, Patent and Trademark Office
In conformance with the Civil Service Reform Act of 1978, the United States Patent and Trademark Office (USPTO) announces the appointment of persons to serve as members of its Performance Review Board (PRB). The PRB reviews and makes recommendations concerning proposed performance appraisals, ratings, bonuses, pay adjustments, and other appropriate personnel actions for incumbents of Senior Level and Senior Executive Service positions at the USPTO.
Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Trademark Petitions
Document Number: 2024-15123
Type: Notice
Date: 2024-07-10
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO), as required by the Paperwork Reduction Act of 1995, invites comments on the extension and revision of an existing information collection: 0651- 0061 (Trademark Petitions). The purpose of this notice is to allow 60 days for public comment preceding submission of the information collection to OMB.
Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Third-Party Submissions and Protests
Document Number: 2024-14920
Type: Notice
Date: 2024-07-08
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO), as required by the Paperwork Reduction Act of 1995, invites comments on the extension and revision of an existing information collection: 0651- 0062 (Third-Party Submissions and Protests). The purpose of this notice is to allow 60 days for public comment preceding submission of the information collection to OMB.
Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Patent Reexaminations, Supplemental Examinations, and Post Patent Submissions
Document Number: 2024-14917
Type: Notice
Date: 2024-07-08
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO), as required by the Paperwork Reduction Act of 1995, invites comments on the extension and revision of an existing information collection: 0651- 0064 (Patent Reexaminations, Supplemental Examinations, and Post Patent Submissions). The purpose of this notice is to allow 60 days for public comment preceding submission of the information collection to OMB.
Impact of the Proliferation of AI on Prior Art and PHOSITA: Notice of Public Listening Session
Document Number: 2024-14691
Type: Notice
Date: 2024-07-05
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) plays an important role in incentivizing and protecting innovation, including innovation enabled by artificial intelligence (AI), to ensure continued U.S. leadership in AI and other emerging technologies (ET). On April 30, 2024, the USPTO published a request for comments (RFC) in the Federal Register regarding the impact of the proliferation of AI on prior art, the knowledge of a person having ordinary skill in the art (PHOSITA), and determinations of patentability made in view of the foregoing. In furtherance of its AI/ET Partnership, the USPTO hereby announces a public listening session on July 25, 2024, titled "Listening Session on the Impact of the Proliferation of AI on Prior Art and PHOSITA." The purpose of the listening session is to obtain public input from stakeholders on the impact of the proliferation of AI on prior art and PHOSITA, as set forth in the questions for public comment of the RFC. The USPTO expects that the feedback received in this listening session and the written responses received for the RFC will help the USPTO evaluate the need for further guidance on these matters, aid in the development of any such guidance, and help inform the USPTO's work in the courts and in providing technical advice to Congress.
Public Roundtable on Protections for Name, Image, Likeness, Other Indicia of Identity, and Reputation
Document Number: 2024-14455
Type: Notice
Date: 2024-07-01
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) will hold a roundtable to seek public input regarding: whether existing laws protecting an individual's reputation and existing laws prohibiting unauthorized use of an individual's name, image, voice, likeness, or other indicia of identity (collectively referred to within this Notice as "NIL") are sufficient given the development and proliferation of artificial intelligence (AI) technology. The USPTO will seek this input to assist in its ongoing work to shape intellectual property (IP) policy, including NIL policy, and to assist in its work related to President Biden's Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence.
Experimental Use Exception Request for Comments
Document Number: 2024-14164
Type: Notice
Date: 2024-06-28
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO), Department of Commerce, is interested in collecting the public's views on the current state of the common law experimental use exception and whether legislative action should be considered to enact a statutory experimental use exception.
Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery
Document Number: 2024-13217
Type: Notice
Date: 2024-06-17
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO), as required by the Paperwork Reduction Act of 1995, invites comments on the extension and revision of an existing information collection: 0651- 0080 (Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery). The purpose of this notice is to allow 60 days for public comment preceding submission of the information collection to OMB.
Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Recording Assignments
Document Number: 2024-13275
Type: Notice
Date: 2024-06-17
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO), as required by the Paperwork Reduction Act of 1995, invites comments on the extension and revision of an existing information collection: 0651- 0027 (Recording Assignments). The purpose of this notice is to allow 60 days for public comment preceding submission of the information collection to OMB.
Rules Governing Pre-Issuance Internal Circulation and Review of Decisions Within the Patent Trial and Appeal Board
Document Number: 2024-12823
Type: Rule
Date: 2024-06-12
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office ("USPTO" or "Office") is amending the rules of practice before the Patent Trial and Appeal Board ("PTAB" or "Board") to add a new rule governing the pre-issuance circulation and review of decisions within the PTAB. The rule promotes the efficient delivery of reliable intellectual property rights by promoting consistent, clear, and open decision-making processes at the PTAB.
Inventorship Guidance for AI-Assisted Inventions
Document Number: 2024-12429
Type: Notice
Date: 2024-06-06
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) is reopening the comment period, which ended on May 13, 2024, for the guidance titled "Inventorship Guidance for AI-Assisted Inventions" that was published in the Federal Register on February 13, 2024.
Patent and Trademark Public Advisory Committees
Document Number: 2024-10748
Type: Notice
Date: 2024-05-21
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) America's Innovation Agencyis seeking nominations for up to three members of its Patent Public Advisory Committee (PPAC) to advise the Director of the USPTO on patent policy, and for up to three members of its Trademark Public Advisory Committee (TPAC) to advise the Director on trademark policy. Each new member, who can serve remotely, will serve a three-year term starting December 1, 2024. The members represent the interests of the public and the stakeholders of the USPTO.
Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Patent Prosecution Highway (PPH) Program
Document Number: 2024-10476
Type: Notice
Date: 2024-05-14
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO), as required by the Paperwork Reduction Act of 1995, invites comments on the extension and revision of an existing information collection: 0651- 0058 (Patent Prosecution Highway (PPH) Program). The purpose of this notice is to allow 60 days for public comment preceding submission of the information collection to OMB.
Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; National Summer Teacher Institute (NSTI) and Master Teacher in Intellectual Property Program (MTIP)
Document Number: 2024-10399
Type: Notice
Date: 2024-05-13
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO), as required by the Paperwork Reduction Act of 1995, invites comments on the extension of an existing information collection: 0651-0077 (National Summer Teacher Institute (NSTI) and Master Teacher in Intellectual Property Program (MTIP)). The purpose of this notice is to allow 60 days for public comment preceding submission of the information collection to OMB.
Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Public Search Facility User ID and Badging
Document Number: 2024-10396
Type: Notice
Date: 2024-05-13
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO), as required by the Paperwork Reduction Act of 1995, invites comments on the extension and revision of an existing information collection: 0651- 0041 (Public Search Facility User ID and Badging). The purpose of this notice is to allow 60 days for public comment preceding submission of the information collection to OMB.
Terminal Disclaimer Practice To Obviate Nonstatutory Double Patenting
Document Number: 2024-10166
Type: Proposed Rule
Date: 2024-05-10
Agency: Department of Commerce, Patent and Trademark Office
The USPTO proposes to amend the rules of practice to add a new requirement for an acceptable terminal disclaimer that is filed to obviate (that is, overcome) nonstatutory double patenting. The proposed rule change would require terminal disclaimers filed to obviate nonstatutory double patenting to include an agreement by the disclaimant that the patent in which the terminal disclaimer is filed, or any patent granted on an application in which a terminal disclaimer is filed, will be enforceable only if the patent is not tied and has never been tied directly or indirectly to a patent by one or more terminal disclaimers filed to obviate nonstatutory double patenting in which: any claim has been finally held unpatentable or invalid as anticipated or obvious by a Federal court in a civil action or by the USPTO, and all appeal rights have been exhausted; or a statutory disclaimer of a claim is filed after any challenge based on anticipation or obviousness to that claim has been made. This action is being taken to prevent multiple patents directed to obvious variants of an invention from potentially deterring competition and to promote innovation and competition by allowing a competitor to avoid enforcement of patents tied by one or more terminal disclaimers to another patent having a claim finally held unpatentable or invalid over prior art.
Adoption of Updated WIPO Standard ST.26; Revision to Incorporation by Reference
Document Number: 2024-09618
Type: Rule
Date: 2024-05-03
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) is adopting version 1.7 of World Intellectual Property Organization (WIPO) Standard ST.26, which was approved December 8, 2023, for incorporation by reference into the USPTO's regulations addressing application disclosures containing nucleotide and/or amino acid sequences. Among other enhancements, version 1.7 of ST.26 provides technical terminology consistency and improves descriptions. The USPTO first amended its rules in 2022 to incorporate by reference certain provisions of WIPO Standard ST.26. In addition to simplifying the process for applicants filing in multiple countries, the ST.26 requirement to submit a single sequence listing in eXtensible Markup Language (XML) format provides better preservation, accessibility, and sorting of the submitted sequence data for the public.
Request for Comments Regarding the Impact of the Proliferation of Artificial Intelligence on Prior Art, the Knowledge of a Person Having Ordinary Skill in the Art, and Determinations of Patentability Made in View of the Foregoing
Document Number: 2024-08969
Type: Notice
Date: 2024-04-30
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO or Office) seeks public comments regarding the impact of the proliferation of artificial intelligence (AI) on prior art, the knowledge of a person having ordinary skill in the art (PHOSITA), and determinations of patentability made in view of the foregoing. The increasing power and deployment of AI has the potential to provide tremendous societal and economic benefits and foster a new wave of innovation and creativity while also posing novel challenges and opportunities for intellectual property (IP) policy. Through the AI and Emerging Technologies Partnership (AI/ET Partnership), the USPTO has been actively engaging with the innovation community and AI experts on IP policy in view of AI. To build on these efforts, the USPTO is requesting written public comments on how the proliferation of AI could affect certain evaluations made by the Office, including what qualifies as prior art, the assessment of the level of skill of a PHOSITA, and determinations of patentability made in view of these evaluations. The USPTO expects that the responses received will help the Office evaluate the need for further guidance on these matters, aid in the development of any such guidance, and help inform the USPTO's work in the courts and in providing technical advice to Congress.
Privacy Act of 1974; System of Records
Document Number: 2024-08734
Type: Notice
Date: 2024-04-26
Agency: Department of Commerce, Patent and Trademark Office
The Department of Commerce (Department)/United States Patent and Trademark Office (USPTO) is issuing this notice of its intent to modify the Privacy Act system of records under "COMMERCE/PAT-TM-10, Deposit Accounts and Electronic Funds Transfer Profiles." This system of records allows the USPTO to collect and maintain personal and financial information on customers who submit payments for services and processing fees to the USPTO.
Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Applications for Trademark Registration
Document Number: 2024-08756
Type: Notice
Date: 2024-04-24
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO), as required by the Paperwork Reduction Act of 1995, invites comments on the extension and revision of an existing information collection: 0651- 0009 (Applications for Trademark Registration). The purpose of this notice is to allow 60 days for public comment preceding submission of the information collection to OMB.
Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Fastener Quality Act Insignia Recordal Process
Document Number: 2024-08660
Type: Notice
Date: 2024-04-23
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO), as required by the Paperwork Reduction Act of 1995, invites comments on the extension and revision of an existing information collection: 0651- 0028 Fastener Quality Act Insignia Recordal Process. The purpose of this notice is to allow 60 days for public comment preceding submission of the information collection to OMB.
Patent Trial and Appeal Board Rules of Practice for Briefing Discretionary Denial Issues, and Rules for 325(d) Considerations, Instituting Parallel and Serial Petitions, and Termination Due to Settlement Agreement
Document Number: 2024-08362
Type: Proposed Rule
Date: 2024-04-19
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO or Office) proposes modifications to the rules of practice for inter partes review (IPR) and post-grant review (PGR) proceedings before the Patent Trial and Appeal Board (PTAB or Board) that the Director and, by delegation, the PTAB will use in exercising discretion to institute IPRs and PGRs. The Office proposes these provisions in light of stakeholder feedback received in response to an October 2020 Request for Comments (RFC) and an April 2023 Advance Notice of Proposed Rulemaking (ANPRM). The proposals enhance and build on existing precedent and guidance regarding the exercise of the Director's discretion pursuant to the America Invents Act (AIA) to determine whether to institute an IPR or PGR proceeding with regard to serial petitions, parallel petitions, and petitions implicating the same or substantially the same art or arguments previously presented to the Office. The proposed rules also provide a separate briefing process for discretionary institution arguments and align the procedures for termination of proceedings pre- and post- institution.
Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Trademark Submissions Regarding Correspondence and Regarding Attorney Representation
Document Number: 2024-08089
Type: Notice
Date: 2024-04-17
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO), as required by the Paperwork Reduction Act of 1995, invites comments on the extension and revision of an existing information collection: 0651- 0056 (Trademark Submissions Regarding Correspondence and Regarding Attorney Representation). The purpose of this notice is to allow 60 days for public comment preceding submission of the information collection to OMB.
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