A novel approach to measuring patent claim scope based on probabilities obtained from (large) language models

This work proposes to measure the scope of a patent claim as the reciprocal of the self-information contained in this claim. A probability of occurrence of the claim is obtained from a language model and this probability is used to compute the self-information. Grounded in information theory, this approach is based on the assumption that an unlikely concept is more informative than a usual concept, insofar as it is more surprising. In turn, the more surprising the information required to defined the claim, the narrower its scope. Five language models are considered, ranging from simplest models (each word or character is assigned an identical probability) to intermediate models (using average word or character frequencies), to a large language model (GPT2). Interestingly, the scope resulting from the simplest language models is proportional to the reciprocal of the number of words or characters involved in the claim, a metric already used in previous works. Application is made to multiple series of patent claims directed to distinct inventions, where each series consists of claims devised to have a gradually decreasing scope. The performance of the language models is assessed with respect to several ad hoc tests. The more sophisticated the model, the better the results. I.e., the GPT2 probability model outperforms models based on word and character frequencies, which themselves outdo the simplest models based on word or character counts. Still, the character count appears to be a more reliable indicator than the word count.