This paper makes two contributions to the field of text-based patent similarity. First, it compares the performance of different kinds of patent-specific pretrained embedding models, namely static word embeddings (such as word2vec and doc2vec models) and contextual word embeddings (such as transformers based models), on the task of patent similarity calculation. Second, it compares specifically the performance of Sentence Transformers (SBERT) architectures with different training phases on the patent similarity task. To assess the models' performance, we use information about patent interferences, a phenomenon in which two or more patent claims belonging to different patent applications are proven to be overlapping by patent examiners. Therefore, we use these interferences cases as a proxy for maximum similarity between two patents, treating them as ground-truth to evaluate the performance of the different embedding models. Our results point out that, first, Patent SBERT-adapt-ub, the domain adaptation of the pretrained Sentence Transformer architecture proposed in this research, outperforms the current state-of-the-art in patent similarity. Second, they show that, in some cases, large static models performances are still comparable to contextual ones when trained on extensive data; thus, we believe that the superiority in the performance of contextual embeddings may not be related to the actual architecture but rather to the way the training phase is performed.

Patent similarity analysis plays a crucial role in evaluating the risk of patent infringement. Nonetheless, this analysis is predominantly conducted manually by legal experts, often resulting in a time-consuming process. Recent advances in natural language processing technology offer a promising avenue for automating this process. However, methods for measuring similarity between patents still rely on experts manually classifying patents. Due to the recent development of artificial intelligence technology, a lot of research is being conducted focusing on the semantic similarity of patents using natural language processing technology. However, it is difficult to accurately analyze patent data, which are legal documents representing complex technologies, using existing natural language processing technologies. To address these limitations, we propose a hybrid methodology that takes into account bibliographic similarity, measures the similarity between patents by considering the semantic similarity of patents, the technical similarity between patents, and the bibliographic information of patents. Using natural language processing techniques, we measure semantic similarity based on patent text and calculate technical similarity through the degree of coexistence of International patent classification (IPC) codes. The similarity of bibliographic information of a patent is calculated using the special characteristics of the patent: citation information, inventor information, and assignee information. We propose a model that assigns reasonable weights to each similarity method considered. With the help of experts, we performed manual similarity evaluations on 420 pairs and evaluated the performance of our model based on this data. We have empirically shown that our method outperforms recent natural language processing techniques.