Sébastien Ragot

Sébastien Ragot

This work proposes to measure the scope of a patent claim as the reciprocal of self-information contained in this claim. Self-information is calculated based on a probability of occurrence of the claim, where this probability is obtained from a language model. 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 define the claim, the narrower its scope. Seven language models are considered, ranging from simplest models (each word or character has an identical probability) to intermediate models (based on average word or character frequencies), to large language models (LLMs) such as GPT2 and davinci-002. Remarkably, when using the simplest language models to compute the probabilities, the scope becomes 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 then assessed through several ad hoc tests. The LLMs outperform models based on word and character frequencies, which themselves outdo the simplest models based on word or character counts. Interestingly, however, the character count appears to be a more reliable indicator than the word count.

Sébastien Ragot

Originality criteria are frequently used to compare assets and, in particular, to assess the validity of intellectual property (IP) rights such as copyright and design rights. In this work, the originality of an asset is formulated as a function of the distances between this asset and its comparands, using concepts of maximum entropy and surprisal analysis. Namely, the originality function is defined according to the surprisal associated with a given asset. Creative assets can be justifiably compared to particles that repel each other via an electrostatic-like pair potential. This allows a very simple, suitably bounded formula to be obtained, in which the originality of an asset writes as the ratio of a reference energy to an interaction energy imparted to that asset. In particular, the originality of an asset can be expressed as a ratio of two average distances, i.e., the harmonic mean of the distances from this asset to its comparands divided by the harmonic mean of the distances between the sole comparands. Accordingly, the originality of objects such as IP assets can be simply estimated based on distances computed thanks to unsupervised machine learning techniques or other distance computation algorithms. Application is made to various types of assets, including emojis, typeface designs, paintings, and novel titles.