Summary: India’s newly-enacted SHANTI Act, 2025, ends a longstanding ban by allowing patents for “peaceful” nuclear inventions like medical devices and safety sensors. It amends the Patents Act and incentivizes private sector participation in research and development to help create a future-ready nuclear ecosystem for the country, while keeping strategic technology under state control.
The Indian Parliament recently passed the Sustainable Harnessing and Advancement of Nuclear Energy for Transforming India Act, 2025 (SHANTI Act), laying the groundwork for a future-ready nuclear ecosystem. It signals a transition from a tightly-controlled nuclear framework to a modern, innovation-driven, and globally aligned regulatory ecosystem, without compromising safety or sovereignty.
For innovators, there are important changes in how patent applications relating to nuclear technologies will now be handled, particularly with regard to the amendment to Section 4 of the Patents Act, 1970 (“Patents Act”), which deals with inventions relating to atomic energy.
Background
The unamended Section 4 of the Patents Act read: “No patent shall be granted in respect of an invention relating to atomic energy falling within sub-section (1) of section 20 of the Atomic Energy Act, 1962.”
Section 20(1) of the Atomic Energy Act, 1962, further listed the inventions ineligible for patents, and mandated the “opinion of the Central Government” as a necessary factor for determination. Being an exclusionary list, it mentioned the subject matters for which patents were not allowed, but offered no clarity on what would be patentable. Additionally, since the exclusions were determinable subjectively (i.e., in the opinion of the Central Government), there was no way of assessing in advance whether an application would fall under the exclusion or not.
A glance at the Annual Reports published by India’s Intellectual Property Office (IPO) for the last five financial years shows that, of all the applications referred to the Department of Atomic Energy (DAE), only a fraction were excluded.
| S.No. | Fiscal Year | Referred | Allowed | Applications related to Atomic Energy |
| 1 | 2020-21 | 245 | 24 | 2 |
| 2 | 2021-22 | 846 | 88 | 10 |
| 3 | 2022-23 | 721 | 455 | 30 |
| 4 | 2023-24 | 134 | 80 | 44 |
| 5 | 2024-25 | 181 | 139 | 19 |
Source: Annual Reports – The Office of The Controller General of Patents, Designs, Trademarks and Geographical Indications India
This uncertainty and subjectivity has, over the years, discouraged investment, research collaboration, and private sector participation, in nuclear and related technologies, as organisations were reluctant to invest without any clarity around patent protection.
The post-SHANTI Section 4
The SHANTI Act marks a fundamental policy shift from exclusion to regulated inclusion. It amends Section 4 of the Patents Act, to read:
“4. Inventions relating to nuclear energy.––The patents may be granted for inventions relating to nuclear energy subject to the provisions of this Act and section 38 of the Sustainable Harnessing and Advancement of Nuclear Energy for Transforming India Act, 2025.” (Emphasis added).
Section 38 of the SHANTI Act allows for patents on inventions for the “peaceful uses of nuclear energy and radiation”. Specifically, Section 38(1) reads:
“(1) The Central Government may grant patents for inventions which in its opinion are for the peaceful uses of nuclear energy and radiation:
Provided that the inventions relating to activities specified in sub-section (5) of section 3, or which in the opinion of the Central Government, are sensitive in nature or having national security implications, shall not be patentable and such invention shall be deemed to have been made or conceived by the Central Government.”
Thus, the amended Section 4 now allows patents for inventions related to nuclear energy, provided they are meant for peaceful purposes, subject to certain provisos.
How the law has changed
A tabular distinction of the changes in the legal position on the patentability of atomic/nuclear energy inventions is useful:
| Aspect | Unamended Position
Patents Act, 1970 and Atomic Energy Act, 1962 |
Amended Position
Patents Act, 1970 and SHANTI Act, 2025 |
| Patentable atomic/nuclear energy inventions | No mention of patentable inventions | Inventions related to nuclear energy, that are meant for peaceful purposes. |
| Non-patentable atomic/nuclear energy inventions | Inventions useful for or relate to the production, control, use or disposal of atomic energy or the prospecting, mining, extraction, production, physical and chemical treatment, fabrication, enrichment, canning or use of any prescribed substance or radioactive substance or the ensuring of safety in atomic energy operations. (Section 20(1) of the Atomic Energy Act, 1962) | ● Inventions relating to activities specified in Section 3(5) of the SHANTI Act, 2025 – enrichment, spent fuel management, heavy water production, and notified activities.
● Inventions which in the opinion of the Central Government, are – sensitive in nature; or – having national security implications (Section 38 of the SHANTI Act, 2025) |
| Mandatory government disclosure | Inventor must communicate invention to Central Government if he believes it relates to atomic energy. | Similar obligation retained, but now specifically before disclosure to any third party. |
| Foreign filing | Prior permission required for foreign filing relating to atomic energy (with 3-month deemed approval rule). | Foreign filing governed by Section 39 of the Patents Act, 1970, aligning nuclear inventions with general foreign filing controls. |
| Deemed ownership | All atomic energy inventions conceived under Government control or contracts are deemed to be made by the Central Government. | Similar deeming provision retained, but limited to excluded/sensitive inventions under the proviso to Section 38(1). |
| Inspection powers | Central Government may inspect pending applications and direct refusal if invention relates to atomic energy. | Power retained; however, inspection now focuses on whether the invention does not qualify under peaceful-use criteria. |
| Restrictions on Disclosure | No restriction provided | Information concerning the production, development, or use of a nuclear plant is treated as restricted information under Section 39(1)(vi) . Consequently, the disclosure, acquisition, or publication of such restricted information is prohibited or regulated in accordance with Sections 39(2)(a) and 39(3) of the SHANTI Act. |
Significance of the amendments
The SHANTI Act and the accompanying changes to the Patents Act is likely to change the landscape of innovation in the nuclear and atomic energy space significantly, for many reasons:
- There is greater legal certainty now, which is helpful for both investment decisions and long-term R&D planning, as inventors have clearer guidance on:
- What is patentable,
- When prior government clearance is required, and
- How the Controller of Patents interacts with the Central Government in sensitive cases.
- Private players, research institutions, and start-ups can invest in nuclear-related research and development without the risk of automatic exclusion from patent protection. With nuclear science finding increasing applications in healthcare, agriculture, clean energy, materials science, and AI-enabled systems, the amendments facilitate meaningful and commercially viable innovation in these emerging areas.
- The amendments also align India with global best practices. India joins jurisdictions like the United States, Europe, Japan, Canada, South Korea and China, which allow patent protection for civilian nuclear technologies under regulatory oversight.
- The amendments allows for commercialisation, but without compromising on security interests, as it allows patents where appropriate, and reserves sensitive inventions for the State where national security or strategic importance is involved.
Areas of concern
Mandatory prior communication
The SHANTI Act requires any person who believes their invention relates to nuclear energy to communicate its nature and description to the government before disclosing the invention to any third party. While this is an important safeguard, it can slow down patent filing, investor discussions, product development, and go-to-market strategies. For start-ups and early-stage innovators, such delays can be particularly costly. Inventors may also be restricted from publicly disclosing technical information (e.g., through research papers or conference presentations), until government clearances are obtained. This can impact visibility and collaboration opportunities.
Definitional ambiguity
The SHANTI Act prohibits the patenting of inventions which, in the opinion of the Central Government, are sensitive in nature or have national security implications. Without clear guidance on what this prohibition actually entails, this provision may lead to uncertainty and delays in the grant of certain patent applications.
Procedural ambiguity
There is no bar on filing patent applications around the production, development, or use of a nuclear plant. But any information relating to such applications may be classified as restricted information by the government, and its publication prohibited. As patent applications must be published before examination, it is uncertain how such patent applications will be prosecuted.
Conclusion
The SHANTI Act, 2025, has ushered in a new era of innovation in the atomic and nuclear energy space, and a meaningful evolution in India’s intellectual property landscape. Subjectivity, uncertainty and outright prohibition are now replaced with structured regulation, clarity and openness. For innovators and patent applicants, new avenues for groundbreaking inventions have opened up. As India marches on in advanced science and technology, this positions the patent system as a facilitator rather than a barrier to progress.
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