India Opens Up SHANTI Nuclear Patent Regime

The Sustainable Harnessing and Advancement of Nuclear Energy for Transforming India (SHANTI) Act, 2025, is a landmark and progressive legislation that came into force recently on December 21, 2025, repealing and replacing the Atomic Energy (AE) Act of 1962. It aims to modernise India's nuclear energy sector by enabling limited private sector participation in certain activities, including research and intellectual property (IP) creation. The new law introduces significant reforms to the patentability of nuclear-related inventions, departing from the dated framework. The transition marks a fundamental shift from a restrictive regime (embargo on nuclear patents) under the AE Act to a liberalised regime (permitting nuclear patents for peaceful uses) under the SHANTI Act.