LAW RELATING TO PATENTING OF ATOMIC ENERGY IN INDIA

Abstract

Energy is vital for growth of any nation and atomic energy is an option to secure the energy supply. Atomic technology is constantly evolving. It is argued that the technological innovations which are taking place in this area must be protected. To overcome with the risk of the stiffly the innovation and technological advances, it seems that there is need of reforms in the patent law relating to atomic energy. The Heading of Chapter II and Section 4 of the Patents Act, 1970 deal with “Inventions Non-Patentable” and “Inventions relating to atomic energy not patentable” respectively creates confusions. Section 65 of the Patents Act deals with the revocation of patent or amendment of complete specification on directions from Government in cases relating to atomic energy. To provide the development, control and use of atomic energy for the welfare of the people of India and for other peaceful purposes the Atomic Energy Act was enacted in the year 1962. Section 20 of the Atomic Act deals with the provision relating to inventions, and under the provision no patents shall be granted for inventions which in the opinion of the Central Government are useful for or relating to the safety in atomic energy operations. Although atomic energy is dangerous, much research and development is required in this field, because of its economic and environmental benefits. In India, within its legal framework, how to promote invention relating to atomic energy is an issue before the all stakeholders.