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. The remainder of Section 38 provides the procedure for the grant of a nuclear patent. The “saving and transition” clause engrafted under Section 91(2) of the SHANTI Act brings a silver lining for applicants of pending patent applications relating to peaceful nuclear applications. Therefore, such applicants may file a request to prosecute the pending application under the new liberalised nuclear patent regime. The new balanced nuclear patent regime encourages exploratory innovation, thereby promoting private-sector investment in nuclear energy applications, subject to governmental oversight of sensitive activities.