Q1. Let us know if a direct PCT is OK for obtaining a grace period of 12 months or if a national filing is necessary.

A1. A grace period of twelve (12) months is available even for a direct PCT application without a national application filing.

Q2. Also, please let us know which are the specific requirements for the grace period.

A2. For applying the grace period, the PCT application must be filed within twelve (12) months from the disclosure of an invention.

Further, the disclosure should not be made by laid-open or publication of a patent application under a treaty or an Act. However, if the disclosure is made unintentionally, the grace period could be applied although it is made by laid-open or publication of a patent application under a treaty or an Act.

Q3. It would be good to know whether we should take any precautions or preparations when filing the PCT application to ease national entry later.

A3. When filing the PCT application, declaration Box No. VIII (v) (declaration as to non-prejudicial disclosures or exceptions to lack of novelty) in the request form should be included.

Meanwhile, the certificate for applying the grace period should be submitted at the stage of the National Phase Entry.

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