SHANTI ACT/BILL, 2025 : OPENING DOORS FOR ATOMIC INVENTIONS

Introduction

SHANTI ACT/BILL, 2025 : OPENING DOORS FOR ATOMIC INVENTIONS

When it comes to acquiring patent protection on atomic energy, India prohibited it for many years. Inventions were automatically barred from patent protection in connection with atomic technology. National security concerns and a desire for total state control over nuclear technologies were the driving forces behind this absolute restriction, which was established in Section 4 of the Patents Act of 1970 and strengthened by the Atomic Energy Act of 1962. However, both the innovation landscape and India's strategy have evolved. With the passage of the SHANTI Act, 2025 (Sustainable Harnessing and Advancement of Nuclear Energy for Transforming India), India has shifted from outright banning atomic-related technologies to evaluating them on an individual basis.

From Absolute Ban to Selective Access

Earlier, the phrase “relating to atomic energy” was interpreted very broadly. Inventions which had no defence or strategic relevance were also denied patent protection, inventions such as radiation safety devices, medical isotope technologies, shielding materials, or monitoring systems. This led to a reduction in startup participation, hindering private R&D and creating challenges for academic institutions and research centres. This changes with the latest revised approach.

Under the revised approach, patent authorities are now expected to look at the true nature and purpose of the invention, rather than rejecting it solely because it has an atomic connection.

What Remains Off-Limits

India continues to maintain strict control where it matters most. It still prohibits inventions such as;

·         Atomic energy generation and production

·         Nuclear fuel enrichment and reprocessing

·         Weaponisation or defence-applied

·         Technologies reserved exclusively for the Government

National security and strategic autonomy are still firmly protected.

What May Now Be Patentable

Non-strategic, peaceful, and civilian technologies may now be examined under standard patentability criteria. These include:

• nuclear safety and risk-mitigation systems,
• radiation detection, monitoring, and shielding technologies,
• medical isotope production and diagnostic or therapeutic equipment,
• advanced materials used in non-core applications, and
• sensors, instrumentation, and control software.

Each application will be reviewed on its own merits, subject to regulatory oversight.

It Makes a Greater Impact

At the present time, atomic-related innovation is not limited to power generation or defence. It significantly plays a role in healthcare, environmental protection, industrial safety, and advanced scientific research.

Innovators can enjoy benefits such as;

·         Stronger IP protection for startups improves investor confidence and valuation.

·         Universities and research institutions can better commercialize publicly funded research by way of licensing and industry partnerships.

·         Collaborators and private investors can have clearer legal pathways for nuclear-adjacent technologies.

Implications for IP Practitioners Worldwide

This shift in India creates new opportunities for International IP firms and multinational companies. Those technologies which were earlier non-patentable in India however, were eligible for patent in other jurisdictions like the US, EU, or Japan, may now be assessed for protection in India, provided they are non-strategic. What matters crucial is careful patent drafting, India-specific compliance, as examiner scrutiny and regulatory coordination will be the key.

Conclusion

This dynamic change by India of moving away from a blanket exclusion of atomic-related inventions indicates a decisive evolution in its patent jurisprudence. By adopting a case by case approach, the Indian patent law now recognizes the diversity of atomic-related technologies and its potential societal advantages. This reform also keeps a balance of maintaining national security, aligning India with global practices, while also unlocking new opportunities for researchers, startups, and IP professionals.