Patent Filing in Saudi Arabia (2026): Procedures, Official Fees and National-Phase Requirements

Patent Filing in Saudi Arabia (2026): Procedures, Official Fees and National-Phase Requirements

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Patent filing in Saudi Arabia is administered by the Saudi Authority for Intellectual Property (SAIP), which receives applications, examines inventions, issues patent decisions and publishes patent information. Foreign applicants can pursue protection through a direct national application, a Paris Convention priority application or entry into the Saudi national phase of a Patent Cooperation Treaty (PCT) application. 

The PCT national-phase deadline is generally 30 months from the priority date. Arabic translations are required for Saudi national-phase entry, and nonresident applicants must appoint a local agent. SAIP’s published patent application filing charges are SAR 400 for individuals and SAR 800 for enterprises. These amounts cover the filing charge, not the complete cost of obtaining and maintaining a patent. 

The principal stages of patent prosecution include formal examination, substantive examination, responses to examination reports, grant and publication payments, and annual maintenance fees. Under the amended implementing regulations, applicants generally have three months from the relevant notification to pay assessed substantive examination expenses, respond to substantive examination notices and pay grant and publication fees. 

Important cost qualification: The World Intellectual Property Organization (WIPO) lists the ordinary substantive examination fee as “Please refer to the Office.” Applicants should obtain the applicable assessment directly from SAIP before preparing a binding cost quotation. SAIP’s fast-track examination service is separate and subject to its own conditions. 

Contents 

  1. Legal framework and patentability 
  2. Patent filing routes and priority 
  3. Applicant eligibility, local agents and supporting documents 
  4. Electronic filing and formal examination 
  5. Application publication and substantive examination 
  6. Responding to examination reports 
  7. Grant, rights and post-grant management 
  8. Official fees and 20-year maintenance schedule 
  9. Worked filing-cost scenarios 
  10. Filing checklist and frequently asked questions 

1. Conclusion 

  1. Legal Framework and Patentability

Governing legislation 

The governing legislation is the Law on Patents, Layout-Designs of Integrated Circuits, Plant Varieties and Industrial Designs, enacted by Royal Decree M/27 of 2004 and amended through Royal Decree M/45 of 25 September 2023. 

The implementing regulations, including the version amended by SAIP Board Decision 5/8/2019, provide additional procedural requirements. Applicants and practitioners should consult the applicable versions of the legislation and regulations rather than relying exclusively on older English translations with different article numbering. 

SAIP is responsible for receiving, examining, deciding and publishing patent applications in Saudi Arabia. 

Patentability requirements 

Under Article 43 of the Patent Law, an invention must be new, involve an inventive step and be industrially applicable to qualify for patent protection. An invention may concern a product, an industrial process or another eligible technical subject. 

Article 44 addresses novelty in relation to the prior art and assesses inventive step against the knowledge of a person skilled in the relevant field. 

Potentially patentable subject matter may include technical systems, manufacturing arrangements, chemical compositions, industrial processes, communications technologies and computer-implemented technical systems. However, operating in a recognised technology sector does not automatically make an invention patentable. The claimed subject matter must satisfy the statutory requirements. 

Excluded subject matter 

Article 45 identifies subject matter excluded from patent protection. The exclusions include discoveries, scientific theories, mathematical methods, certain commercial or mental schemes and game rules, specified plant and animal subject matter, essentially biological processes, and surgical, therapeutic and diagnostic methods applied to human or animal bodies. 

Products used in medical methods are treated differently from the methods themselves under the applicable provisions. 

For software-related inventions, applicants should explain the concrete technical arrangement and operation of the invention rather than relying solely on an abstract mathematical rule or business method. Medical-device apparatus claims, chemical products and manufacturing-process claims require assessment against the applicable statutory requirements. 

Territorial protection and patent term 

A Saudi patent provides territorial protection within Saudi Arabia. A patent granted by SAIP does not automatically confer protection in the United Arab Emirates, Qatar or the wider Gulf Cooperation Council region. 

The ordinary patent term is 20 years calculated under the applicable patent law from the relevant filing date, subject to maintenance and other statutory requirements. 

Claims should remain consistent with the technical disclosure in the original application. Amendments must not introduce new technical information beyond what was originally disclosed. 

  1. Patent Filing Routes and Priority

Applicants considering patent filing in Saudi Arabia should select the appropriate route based on their existing applications, priority dates, intended markets and filing strategy. 

Filing route  Filing basis  Timing  Key requirements 
Direct Saudi national filing  Initial application submitted to SAIP  File before prejudicial public disclosure  Application documents, applicable language requirements, fee payment and prosecution 
Paris Convention filing  Earlier application in a qualifying jurisdiction  Generally 12 months for invention patents  Timely Saudi application, priority particulars and supporting documents 
PCT national-phase entry  Earlier international application designating Saudi Arabia  30 months from the priority date  Arabic translation, national filing fee, local agent and national examination 

Direct national filing 

A direct national application may be appropriate when the applicant intends to seek protection in Saudi Arabia without relying on an earlier international application. 

Before filing, applicants should establish ownership, assess the invention’s patentability and prepare a complete technical specification with appropriately supported claims. 

Public disclosure before filing may affect novelty. Applicants should therefore coordinate filing dates with product launches, technical presentations, demonstrations and other planned disclosures. 

Paris Convention priority 

Applicants relying on an earlier application in a qualifying jurisdiction generally have 12 months from the first filing date to submit an invention patent application claiming priority in Saudi Arabia. 

The applicant should identify the earlier application’s country, number, filing date and ownership details. The relationship between the earlier disclosure and the claims in the Saudi application should also be reviewed. 

Missing priority documents or failure to satisfy applicable procedural requirements may jeopardise the priority claim. Applicants should confirm current SAIP documentation requirements and deadlines before relying on any permitted deferral. 

Patent Cooperation Treaty national-phase entry 

The PCT provides an international filing framework but does not itself produce an enforceable Saudi patent. Protection depends on entering the Saudi national phase and satisfying the national requirements for grant. 

The applicable deadline is generally 30 months from the priority date under PCT Articles 22 and 39. 

For national-phase entry, WIPO identifies Arabic translation requirements covering the description, claims, relevant amended claims and statements, text appearing in drawings, and the abstract. Relevant amended annexes should also be considered where international preliminary examination under Chapter II has taken place. 

The national filing fee is SAR 400 for an individual and SAR 800 for an enterprise. A separate national application copy is generally unnecessary when the International Bureau has already transmitted the application, subject to limited circumstances such as an early national-phase request. 

WIPO recommends electronic filing through SAIP. Applicants should confirm the applicable national-phase requirements before submitting the application. 

  1. Applicant Eligibility, Local Agents and Supporting Documents

Who can apply? 

Individuals and corporate entities may apply for patents in Saudi Arabia. An Indian, European or United States entity may be an applicant, subject to applicable eligibility, ownership and procedural requirements. 

However, registration as a patent agent in another jurisdiction does not independently authorise representation before SAIP. 

For PCT national-phase entry, WIPO specifies that nonresident applicants must appoint an agent and provide a signed power of attorney. Its published guidance identifies eligible Saudi-registered attorneys or lawyers as representatives. 

The applicable regulations also address authentication and proof that the representative is licensed. Applicants should confirm current electronic filing, authentication and legalisation requirements with their Saudi representative. 

Patent application document checklist 

Document or information  When required  Practical consideration 
Applicant’s name, address and legal status  Essential  Match corporate registration and entitlement records 
Inventor details  Essential, subject to applicable completion procedures  Distinguish inventorship from ownership 
Description, claims and abstract  Essential  Ensure adequate technical disclosure and compliant claim drafting 
Drawings and figures  Where necessary  Maintain consistent reference numerals and clear illustrations 
Priority claim and supporting documents  Where priority is claimed  Preserve the 12-month priority timeline and meet documentary deadlines 
Signed power of attorney  Where a local agent is appointed  Confirm current authentication requirements 
Assignment or entitlement declaration  Where applicable  Establish a clear chain of title 
Arabic translation  Required for PCT Saudi national-phase entry  Check terminology and claim consistency 
ST.26 XML sequence listing  Where applicable to nucleotide or amino-acid sequences  Confirm the required electronic format 
Corporate name-change evidence  Where applicant details have changed  Follow the applicable compliance procedure 

WIPO’s summary of PCT Rule 51bis states that SAIP may invite applicants to provide certain missing details, including inventor information, entitlement declarations and agent appointments, within three months after receiving the invitation. This procedure should not be treated as general permission to submit every mandatory document after the national-phase deadline. 

Arabic translation and terminology 

Translation quality is an important part of patent filing in Saudi Arabia because inconsistencies may affect the interpretation and support of the claims. 

Technical translators should use consistent Arabic terminology for each claim feature and preserve the relationship between the original-language terms and their Arabic equivalents. Article 12 of the implementing regulations contains requirements relating to scientific terms, abbreviations, chemical nomenclature and original-language references. 

A technical and legal review of the Arabic specification should be completed before filing, particularly for complex inventions involving medical devices, software, chemical compositions or engineering systems. 

  1. Electronic Filing and Formal Examination

How to file a patent application 

SAIP’s filing service directs applicants to the unified intellectual property platform at https://eservices.saip.gov.sa/ for applications filed on or after 19 December 2023. Older applications may be handled through the legacy platform referenced on SAIP’s service pages. 

The published filing workflow includes the following steps: 

  1. Access the applicable electronic filing platform. 
  2. Select the patent application service. 
  3. Obtain or prepare the required description, claims and abstract documents. 
  4. Enter the applicant, inventor and application particulars. 
  5. Upload the specification and supporting documents. 
  6. Pay the generated filing invoice. 
  7. Retain the application number, filing confirmation and payment records. 

SAIP issues the application number and filing date following successful payment, according to its published filing guidance. 

Patent filing workflow 

Invention disclosure and ownership verification → Select the Saudi direct, Paris Convention or PCT route → Prepare the specification, claims, Arabic materials and agent documents → Submit the application and pay the filing fee → Correct notified deficiencies → Complete publication and examination requirements → Respond to examination reports → Pay grant and publication fees → Obtain the patent and manage annual maintenance. 

Formal examination and deficiencies 

Article 36 of the implementing regulations permits SAIP to notify applicants of formal deficiencies and provide a period not exceeding 90 days from notification to correct them. 

Failure to correct deficiencies within the applicable period may result in the application becoming null and void. 

Formal examination concerns compliance with prescribed application components, forms and documentary requirements. Applicants should distinguish this 90-day period from the PCT national-phase deadline and the separate response period for substantive examination reports. 

A reliable docketing system should record each official notification, the date of receipt, the applicable deadline and the documents required to satisfy the office. 

  1. Application Publication and Substantive Examination

Publication requirements 

The implementing regulations address publication of patent application information following the relevant formalities, payment requirements and decisions. 

Article 37(1) refers to a three-month period for paying prescribed application publication fees after notification by SAIP, with consequences for nonpayment. 

The current amount of a distinct pre-grant publication fee has not been independently established from WIPO Annex SA.I. Applicants should obtain confirmation from SAIP before including such an amount in a cost estimate. 

Application publication and patent-grant publication are separate events. SAIP maintains the relevant registers and gazette publications, while unpublished application files are treated as confidential under the implementing regulations. 

Substantive examination fees 

Under Article 37(2), SAIP assesses the cost of substantive examination and requires payment within three months of notification. 

The deadline begins with the relevant office notification. Applicants should not assume that the three-month period automatically starts on the date of PCT national-phase entry or application publication. 

WIPO’s 2026 fee annex lists the ordinary examination fee as “Please refer to the Office.” Consequently, the amount should be confirmed directly with SAIP rather than estimated without an official basis. 

What does SAIP examine? 

Article 38 of the implementing regulations addresses examination of the essential application components and claims, unity of invention, relevant databases and prior-art documents, novelty, inventive step and industrial applicability. 

Potential objections may concern: 

  • Lack of novelty over an earlier disclosure. 
  • Lack of inventive step based on one or more references. 
  • Insufficient technical disclosure. 
  • Unclear or unsupported claim language. 
  • Lack of unity of invention. 
  • Subject matter excluded from patent protection. 

Applicants should evaluate each objection against the relevant claims, cited documents and original specification before preparing a response. 

Fast-track examination 

SAIP offers a separate Fast Track Examination (FTE) service. Its published fee schedule lists SAR 1,000 for individuals and SAR 5,000 for enterprises and describes a 60-day service execution metric. 

This metric should not be interpreted as a guarantee that a patent will be granted within 60 days. 

SAIP also provides a Patent Prosecution Highway (PPH) service. Its request process involves positive examination work from a participating office and supporting documentation. The fast-track and PPH routes have separate eligibility requirements and should not be treated as interchangeable. 

  1. Responding to Examination Reports

Response deadlines 

Under Article 44 of the amended implementing regulations, SAIP communicates the results of its first substantive examination. The applicant may amend the application consistently with the examination report or provide technical and legal arguments explaining why an objection is not justified. 

If objections remain unresolved, another examination report or refusal may follow. 

Article 44(4) requires responses to Authority notifications within three months from notification and provides for rejection if the applicant fails to respond within the applicable period. 

Applicants should calculate the deadline from the relevant notification and confirm the exact requirements of the office communication. 

Strategies for responding to objections 

A well-supported prosecution response should separate claim interpretation, prior-art analysis and evidence from the original disclosure. 

For novelty objections: Prepare a feature-by-feature comparison showing which claimed limitation is not disclosed in the cited reference. Avoid relying on general statements that the invention is new. 

For inventive-step objections: Identify the technical differences between the claimed invention and the cited prior art. Explain why the proposed combination or modification would not have been apparent to a person skilled in the field, using the evidence and technical reasoning available on the record. 

For clarity or disclosure objections: Identify the relevant paragraphs, figures and embodiments in the originally filed specification that support the claim language. 

For unity objections: Assess whether a divisional application is appropriate under Article 35, taking account of the applicable procedural requirements. 

Article 34 prohibits amendments that exceed the original disclosure. A new technical feature developed after filing cannot simply be inserted into the earlier application to overcome prior art. 

Illustrative example 

Consider a hypothetical patent claim for a robotic joint actuator containing two independent sensors and a controller that estimates mechanical load using a calibrated relationship. 

An examiner cites earlier technology disclosing an actuator with one sensor. A reasoned response would examine whether the two-sensor configuration and the specifically claimed calculation are absent from the cited reference, identify support in the original description and explain the technical contribution of the claimed combination. 

If the distinguishing feature appears only in subsequent engineering tests and was not disclosed in the original application, it cannot simply be added as a new technical feature. 

This example illustrates an approach to claim analysis and does not predict the outcome of an actual SAIP examination. 

  1. Grant, Rights and Post-Grant Management

Patent grant and publication fees 

Under Article 46(1) of the implementing regulations, when SAIP determines that an application satisfies the applicable protection requirements, it notifies the applicant to pay the grant and publication fee within three months. 

Following payment, SAIP issues the protection document and publishes the notice. Failure to pay within the prescribed period results in forfeiture under the regulation. 

WIPO’s 2026 fee annex lists the combined grant and publication fee as: 

  • Individual applicant: SAR 500. 
  • Enterprise applicant: SAR 1,000. 

These amounts are payable following the relevant grant notification, not as part of the initial filing fee. 

The patent document identifies the inventor and owner, application and patent numbers, filing and grant dates, title, priority information and other bibliographic particulars. 

Patentability versus freedom to operate 

Obtaining a patent does not automatically establish freedom to operate. 

Patentability concerns whether an invention qualifies for protection. Freedom-to-operate analysis evaluates whether making, using, selling or otherwise commercialising a product or process in a target market may conflict with enforceable patent rights held by others. 

Businesses should assess relevant third-party claims before commercialisation, particularly when entering markets involving medical technology, electronics, artificial intelligence, pharmaceuticals or complex manufacturing systems. 

Annual maintenance fees 

WIPO’s Saudi national chapter describes annual fees as payable at the beginning of each year, starting with the year following filing. An additional three-month payment window is described with a doubled fee; otherwise, the application or patent ceases to have effect. 

Article 65 of the implementing regulations specifically addresses PCT-entered applications and liabilities relating to earlier international-filing years. 

Applicants should therefore maintain a complete record of annual-fee notices, applicable payment periods and any outstanding liabilities. The annual-fee schedule’s year labels should not be interpreted as establishing that the first annual fee is necessarily due on the filing date. 

Transfers, licences and disputes 

Ownership transfers and contractual licences should be properly documented and recorded through the applicable SAIP service. 

Patent disputes may involve infringement, invalidity, ownership, chain of title and available remedies under the relevant legislation. Any challenge to an office decision should be evaluated against the specific decision, applicable statutory provisions and procedural route. 

Companies managing patent portfolios should maintain accurate ownership records, renewal calendars, licence documentation and evidence supporting their rights. 

  1. Official Fees and the 20-Year Maintenance Schedule

8.1. Selected official service charges 

The following table summarises identifiable official charges based on the cited SAIP and WIPO materials. 

Official service  Individual  Enterprise  Qualification 
Patent application filing, including PCT national-phase filing fee  SAR 400  SAR 800  Published SAIP and WIPO schedule 
Ordinary substantive examination  Office quotation required  Office quotation required  Assessed by SAIP 
Amendment fee  SAR 100  SAR 200  WIPO Annex SA.I 
Grant and publication fee  SAR 500  SAR 1,000  Payable after grant notification 
Reinstatement of PCT national-phase rights  SAR 1,000  SAR 2,000  Subject to applicable conditions 
Restoration of priority  SAR 1,000  SAR 2,000  Not an automatic extension 
Application-process resumption petition  SAR 1,000  SAR 2,000  Based on the 2019 regulations’ expenses table 
Deadline extension petition  SAR 300  SAR 600  Availability depends on the procedure 
Correction or addition of priority  SAR 400  SAR 800  Subject to applicable requirements 
Fast-track examination service  SAR 1,000  SAR 5,000  Separate service with eligibility requirements 
Pre-grant application publication fee, if separately assessed  Not verified  Not verified  Confirm the current amount with SAIP 

Charges for certified copies, certain recordals and appeals have not been comprehensively verified in the identified sources. Applicants should request the applicable SAIP service quotations. 

This table is not a complete commercial quotation. It excludes professional fees, translation costs and other variable expenses unless expressly identified. 

8.2. Saudi patent annual fees 

WIPO Annex SA.I provides the following annual-fee schedule for patent years 1 to 20. The amounts are nominal annual fees and exclude late surcharges and other costs. 

Fee year  Individual (SAR)  Enterprise (SAR) 
1  250  500 
2  500  1,000 
3  750  1,500 
4  1,000  2,000 
5  1,250  2,500 
6  1,500  3,000 
7  1,750  3,500 
8  2,000  4,000 
9  2,250  4,500 
10  2,500  5,000 
11  2,750  5,500 
12  3,000  6,000 
13  3,250  6,500 
14  3,500  7,000 
15  3,750  7,500 
16  4,000  8,000 
17  4,250  8,500 
18  4,500  9,000 
19  4,750  9,500 
20  5,000  10,000 

Source: WIPO PCT Applicant’s Guide, Saudi Arabia, Annex SA.I, applicable from 1 February 2026. The fee-year labels do not establish that the corresponding payment is due on the original filing date. 

8.3. Additional costs to consider 

The official fee schedule does not represent the complete cost of patent filing in Saudi Arabia. 

Applicants should budget separately for: 

  • Prior-art searches and patentability assessments. 
  • Invention disclosure preparation and patent drafting. 
  • Arabic legal and technical translation. 
  • Representation by a locally authorised practitioner. 
  • Assignment preparation and entitlement documentation. 
  • Notarisation or legalisation, where required. 
  • Sequence listing preparation, where applicable. 
  • Additional claims, figures or supporting documents, where chargeable. 
  • The assessed ordinary substantive examination fee. 
  • Responses to examination objections. 
  • Renewal administration, recordals and disputes. 

These costs vary according to the invention, application route, service provider and prosecution requirements. Obtain a written scope and fee breakdown before beginning the process. 

  1. Worked Patent Filing Cost Scenarios

Scenario A: Saudi national application by an individual 

Assume an individual files one properly prepared application, without an immediate priority-restoration petition, correction petition or expedited examination request. 

The identified initial government filing fee is SAR 400. If the application proceeds to grant, the separately identified grant and publication fee is SAR 500. A chargeable amendment would add SAR 100. 

The sum of the two identified filing and grant components is SAR 900. This is not the complete cost of obtaining a patent because ordinary substantive examination, any separate pre-grant publication charge, professional services, translation and other applicable costs must be established separately. 

Annual-fee timing should also be confirmed against the applicable rules and office records. 

Scenario B: Corporate PCT national-phase entry 

Assume an enterprise enters the Saudi national phase of a PCT application, provides the required Arabic translation within 30 months from the priority date, appoints an eligible representative and does not require a restoration petition. 

The identified Saudi national-phase filing fee is SAR 800. If the application proceeds to grant, the separately identified grant and publication fee is SAR 1,000. 

The sum of these two identified components is SAR 1,800, excluding examination, translation, representation and other professional or official charges. 

For an older PCT application, relevant outstanding maintenance fees must be assessed under Article 65 of the implementing regulations. The applicable fee-year identification should be checked against the official patent record. 

Neither scenario includes fees already paid to a PCT receiving office, an international searching authority or WIPO during the international phase. Those payments do not discharge Saudi national-phase obligations. 

  1. Filing Checklist and Frequently Asked Questions

Patent filing checklist 

Before submitting an application, applicants should: 

  1. Record the first priority date, public disclosures and international application number, where applicable. 
  2. Confirm inventorship, ownership and assignment documentation. 
  3. Prepare the complete specification, claims, abstract and necessary drawings. 
  4. Review the technical support for each proposed claim. 
  5. Prepare an accurate Arabic translation where required. 
  6. Appoint a locally authorised representative and complete the power of attorney and entitlement documents. 
  7. Confirm applicant classification and obtain a written fee quotation. 
  8. Record national-phase, publication, examination, response, grant and annual maintenance deadlines. 
  9. Establish responsibility for monitoring office notifications and making payments. 
  10. Maintain a complete record of filings, correspondence, translations and fee receipts. 

Frequently asked questions 

  1. Is a Saudi patent valid throughout the Gulf Cooperation Council?

No. A patent granted by SAIP is a national right for Saudi Arabia. Protection in other territories requires an appropriate filing route and separate consideration of the applicable regional arrangements. 

  1. Can an applicant enter the Saudi national phase 31 months after the priority date as of right?

No. WIPO identifies 30 months as the applicable national-phase deadline. Reinstatement may be available under prescribed conditions, but it is not automatic. 

  1. Can an Indian patent agent represent applicants directly before SAIP?

An Indian registration does not independently authorise representation before SAIP. WIPO’s published guidance requires nonresident applicants to appoint an eligible local agent. 

  1. Is an English-language PCT description sufficient for Saudi national-phase entry?

No. The WIPO Saudi national chapter specifies Arabic translation requirements for national-phase entry. 

  1. What is the official substantive examination fee?

The ordinary substantive examination fee is assessed or quoted by SAIP. WIPO’s current annex does not provide a fixed amount. The published fast-track fee relates to a separate service. 

  1. When does the examination response period begin?

The amended implementing regulations specify three months from notification for the relevant responses. The deadline should be calculated from the actual office communication, not automatically from publication or PCT entry. 

  1. Can patent claims be amended after filing?

Yes, subject to the applicable procedural requirements and the prohibition on amendments that introduce technical information beyond the original disclosure. 

  1. How long does SAIP take to grant a patent?

A guaranteed or average grant period has not been verified in the identified primary sources. The actual duration depends on examination, objections, applicant responses and other procedural requirements. 

  1. Is the grant fee payable when the application is filed?

No. The identified grant and publication fee becomes payable following the relevant grant notification, within the prescribed three-month period. 

  1. Are fees payable before patent grant?

Yes. Filing, examination and annual fees may arise during pendency. PCT applicants may also have liabilities relating to earlier international-filing years under the applicable rules. 

Conclusion 

Patent filing in Saudi Arabia requires more than submitting an application and paying the initial fee. Applicants must select the appropriate filing route, preserve priority rights, prepare a complete technical disclosure, comply with Arabic-language requirements where applicable and monitor every official notification. 

The principal budgeting risk is treating the initial filing charge as the total cost of patent protection. Substantive examination expenses, grant and publication charges, annual maintenance fees, translation and professional services must also be considered. 

Foreign applicants should coordinate technical preparation and prior-art searches with a practitioner authorised to handle the relevant Saudi filing, prosecution and registration steps. Companies and research institutions managing multiple inventions should also maintain clear review responsibilities, confidentiality controls and chain-of-title documentation. 

A structured approach to patent filing in Saudi Arabia can help applicants manage procedural deadlines, prepare for prosecution costs and maintain their patent rights throughout the applicable term. 

Official References 

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