Patent Protection For Nuclear-Medicine Innovations Under The Shanti Act, 2025: From Absolute Exclusion To Conditional Patentability
Alen Sam, Presidency University, Bengaluru
Kshitiz Verma, Presidency University, Bengaluru
ABSTRACT
Historically, atomic energy-related inventions were excluded from patent protection via an absolute statutory provision in the Indian patent regime. Nuclear technology's strategic importance and the need to ensure the maintenance of government control over aspects related to national security constituted the background of this tough policy stance. Granting conditional patent protection to inventions related to peaceful use of nuclear energy and radiation, provided there is statutory protection, the SHANTI Act, 2025 marks a dramatic change in this context. This article addresses the issue of this change and its possible impact on advancements in nuclear medicine.
The article reviews the existing legal system prior to the adoption of the SHANTI Act, analyzes changes introduced to the system with respect to intellectual property protection and control over nuclear technologies. Specifically, it focuses on patentability of inventions in the field of radiation treatment, nuclear imaging in medicine, application of radiopharmaceuticals, and other technologies developed on the basis of nuclear science but intended for peaceful medical purposes. It takes into consideration the limits imposed on the inventions connected with sensitive activities and inventions that have significance for national security.
The balance between patent protection, invention, public health interests, and security concerns is analysed through the doctrinal and comparative approach. The article argues that in case the invention meets all the criteria for patentability and has peaceful medical purposes, the mere usage of nuclear technology does not make it automatically ineligible for patent protection. A special approach taking into account their technological character, peaceful use, security sensitivity, and importance for public health is needed to address the issues of patents in nuclear-medicine inventions.
Keywords: SHANTI Act; Nuclear Medicine; Patent Protection; Conditional Patentability; Public Health; Nuclear Security.
