ARTICLE
24 February 2026

PCT Minimum Documentation Expands To Improve Search Quality

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Spruson & Ferguson

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Established in 1887, Spruson & Ferguson is a leading intellectual property (IP) service provider in the Asia-Pacific region, with offices in Australia, China, Indonesia, Malaysia, Philippines, Singapore, and Thailand. They offer high-quality services to clients and are part of the IPH Limited group, which includes various professional service firms operating under different brands in multiple jurisdictions. Spruson & Ferguson is an incorporated entity owned by IPH Limited, with a strong presence in the industry.
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On January 1, 2026, new rules came into effect under the Patent Cooperation Treaty (PCT) regarding international patent searches that effectively widens the collection of searchable patent data available to International Searching Authorities, improving access to a broader and more representative body of global patent information.

Expansion of minimum documentation under the PCT

Amendments to PCT Rules 34, 36 and 63 expand the minimum documentation available to the PCT International Searching Authorities (ISA), bringing in additional national patent collections, with further collections expected to follow.

Expanding and broadening the available prior art base underpinning PCT searches is expected to substantially improve the depth and reliability of prior art searches conducted by the ISAs.

National patent collections forming the minimum documentation were limited to the United States, and the bigger European and Asian countries (Great Britain, France, Germany, Switzerland, Russia, China, Japan and Korea), as well as any other patent documents published electronically in English, French, German or Spanish.

Broader national coverage and searchable full text

With more countries now providing access to electronic and translated full text of patent applications, that list is expanding to include countries such as Brazil, India and Saudi Arabia.

In many cases, earlier publications in pdf format were typically provided as images rather than searchable full text, and as such were not readily available for searching beyond basic bibliographic details and an abstract. Work done to replace existing specifications with searchable full text documents has made these new rules possible.

In addition, the minimum documentation now includes non-written disclosures, which includes an oral disclosure, a use or exhibition, and 'other' non written means, presumably something like video.

Access to the documentation

WIPO's PatentScope provides access to PCT applications and most of the national patent collections that form the minimum documentation requirements. It is freely available with a user-friendly interface and help with searching fields and syntax for novice and experienced searchers alike.

As noted by WIPO, a "richer and more reliable search base helps prevent the grant of weak or overly broad patents, supports stronger and more defensible patent rights and contributes to a more transparent and balanced international patent system."

The novelty, patentability, and prior‑art searching undertaken by our experienced searching team has always covered, and consistently exceeded, the PCT minimum documentation with respect to published patent literature. While the new rules bring us closer together, the proprietary patent information databases we subscribe to continue to extend well beyond the minimum documentation.

How we can assist

Whether your innovations relate to engineering, chemistry, biotechnology, software, electronics, medical devices, or emerging technologies, our team has extensive experience across all technical fields and subject matters.

Clients have access to our experienced experts who utilise advanced databases to identify the most relevant prior art and provide high‑quality search outputs, tailored to your needs – whether you require a comprehensive state-of-the-art review, a focused novelty assessment, freedom‑to‑operate insights, landscape analysis, or customised search strategies.

Our goal is to ensure you receive timely, accurate, and actionable information to support your intellectual property decisions and we are always ready to discuss your searching requirements. Reach out to the team for prompt, friendly, expert advice.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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