IP Intelligence › What Changed › Atomic energy inventions are no longer excluded as a class
What changed · 21 December 2025
Atomic energy inventions are no longer excluded as a class
What changed
The SHANTI Act, 2025 - Sustainable Harnessing and Advancement of Nuclear Energy for Transforming India - was enacted on 21 December 2025 and amends section 4 of the Patents Act 1970, ending the blanket prohibition on patents for inventions relating to atomic energy.
Why it matters
Section 4 previously removed an entire technical field from the patent system. Nuclear-energy inventions are now assessed on the ordinary requirements of the Act, subject to section 38 of the SHANTI Act, with government-reserved activities - enrichment, reprocessing, notified facilities - remaining restricted.
Who should care
Research groups, national laboratories and companies working on nuclear energy, reactor technology, materials and instrumentation who previously assumed the field was closed.
What you should do
Re-review work that was set aside on the assumption that section 4 excluded it. Confirm the commencement date of the section 4 amendment before filing, and take advice on where the reserved-activity boundary sits.
The enactment date is confirmed; the commencement date for the section 4 amendment specifically should be verified before you rely on it.
Sources & further reading
- The Patents Act, 1970 (consolidated to 1 August 2024) — Official IP India text
- Section 3, Patents Act 1970 - what are not inventions — Official IP India section text
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Educational guidance, not legal advice. This material is published by Ragulika IP for general education and information. It is not legal advice, it does not create a professional-client relationship, and it is not a substitute for advice on your own facts. Patentability, infringement, prosecution strategy and every other IP outcome turn on the specific facts and on the law and Patent Office practice as they stand at the time you act. Please take professional advice before making a decision, and read the underlying provision or judgment before relying on any point stated here.
Last reviewed by Ragulika IP on 2026-08-23. Indian patent law and Patent Office practice change; check the position before you rely on it.