For decades, nuclear power was defined largely by gigawatt-scale plants, multi-decade construction timelines, and a regulatory and public-perception environment shaped by a handful of high-profile accidents. Today, the sector is being reconsidered for a very different reason: the world needs a lot more always-on, carbon-free electricity, and quickly.
Decarbonization commitments, energy security concerns following recent global supply shocks, and increasingly, the electricity appetite of artificial intelligence are converging to put nuclear power back at the center of energy policy. Goldman Sachs Research estimates that U.S. data center power demand will climb from roughly 31 GW in 2025 to 41 GW in 2026 and nearly 66 GW by 2027, while global data center electricity consumption is on pace to exceed 1,000 terawatt-hours by the end of 2026, according to the International Energy Agency. Hyperscale AI campuses now under development are expected to draw between 1 and 5 gigawatts each, output on the scale of a full nuclear plant for a single facility.
Policymakers have taken notice. Recent federal filings from advanced reactor developers cite a stated federal goal of expanding U.S. nuclear capacity to roughly 400 GWe by 2050, up from approximately 97 GWe today. Hyperscalers themselves are becoming direct buyers of nuclear power, from Amazon’s long-term agreement with Talen Energy for nearly 1,920 megawatts of carbon-free capacity to Westinghouse’s reported $80 billion agreement with the U.S. government to build new reactors for AI-driven electricity demand.
But the industry meeting this moment doesn’t look like the nuclear sector of the 1970s. Rather than another wave of large, bespoke gigawatt-scale reactors, much of today’s innovation is concentrated in Small Modular Reactors (SMRs), Generation IV reactor concepts, advanced fuel cycles, microreactors, and the digital and AI-driven systems used to operate them. Investment, government support, and patent activity are all accelerating around this new generation of technologies, and much like the EV charging sector before it, the resulting patent landscape offers a useful window into where the real innovation is happening.
From conventional reactors to advanced nuclear systems
Traditional large-scale nuclear plants remain the backbone of global generation, but their economics have become increasingly challenging due to multi-billion-dollar capital costs, decade-long construction timelines, and site-specific engineering. These constraints have accelerated interest in factory-built Small Modular Reactors (SMRs), which can be deployed incrementally to reduce project risk. The SMR market was valued at about $6.3 billion in 2024 and is projected to reach $13.8 billion by 2032, supported by rising electricity demand from data centers.
Beyond SMRs, developers are advancing Generation IV designs, including sodium-cooled fast reactors, molten salt reactors, and high-temperature gas-cooled reactors that promise higher efficiency, passive safety, and, in some cases, the ability to use spent nuclear fuel. Many rely on High-Assay Low-Enriched Uranium (HALEU), prompting government support for domestic fuel production, including a $2.7 billion, ten-year U.S. Department of Energy commitment to expand domestic enrichment capacity, and licensing of advanced fuels such as accident-tolerant and TRISO-coated fuel technologies.
Innovation is also expanding into microreactors and digital operations. Companies such as Oklo and NANO Nuclear Energy are developing compact reactors for remote communities, military bases, and industrial sites, while utilities are adopting AI for predictive maintenance, anomaly detection, and plant diagnostics, an area national labs like Argonne are actively researching. Together, these advances are shifting nuclear power toward standardized, modular, and digitally managed systems that can be deployed more flexibly than traditional reactors.
The patent landscape for advanced nuclear technologies
Our analysis of CPC Y02E 30/00, covering energy generation of nuclear origin, indicates that global patent activity expanded through the second half of the 2010s before reaching a pronounced peak in 2020 and moderating in subsequent years.
Worldwide filings increased from 329 patent filings in 2015 to a peak of 727 filings in 2020, more than doubling over the period and reflecting heightened innovation in nuclear energy technologies. Filing activity then fell to 410 in 2021, briefly recovered to 457 in 2022, and declined to 231 by 2025.
Conversations with B. Rhiannon Adams
To explore how these shifts are playing out in practice, we spoke with B. Rhiannon Adams, Counsel, Patent Agent, Trademark Agent, and Intellectual Property & Innovation Group Leader at Parlee McLaws LLP. With a technical background in science and experience advising clients across clean technology, oil and gas, biotechnology, and other innovation-driven industries, she shares her perspective on how patent strategy and IP protection are evolving alongside increasingly complex technologies.
Q: Why is advanced nuclear technology gaining renewed momentum despite the historical challenges facing conventional nuclear power?
A: There are a number of reasons why advanced nuclear technology has been gaining renewed momentum after a long period of retrenchment.
In recent years there has been a consistently increasing demand for electricity. This is driven primarily by growing needs of rapidly developing countries and of industries that now require around the clock power, like data centers. Coupled with this is the world’s continued focus on the de-carbonization of power. While wind and solar energy have taken up some of this market, they are not able to provide a dispatchable supply of energy, which is needed to meet real time electricity needs.
Nuclear energy is the only proven technology that provides reliable, consistent and clean power. However, conventional nuclear energy has a range of drawbacks. In order to meet the growing energy supply demands with carbon-free power, advances in nuclear technology are needed.
One of the unique driving factors in this growth cycle is the result of private company investment in this area. With the boom of artificial intelligence (“AI”), technology companies are increasingly seeking to power data centres with nuclear energy, particularly using Small Modular Reactors (“SMRs”). Instead of buying energy, more companies have moved towards commissioning nuclear projects and fostering development.
Due to the growing recognition that advanced nuclear technology can serve as a promising source of dispatchable clean power, there has been enhanced policy support, and countries and international organizations have begun exploring advanced nuclear technology as a means to reach climate change obligations and energy security goals. Additionally, countries are increasingly turning to nuclear technology to ensure energy security in the midst of geopolitical instability. This has led to a wave of government funding to support advancements in this field.
Recent advancements have already transformed the field and will likely continue to drive innovation as well.
Q: How are Small Modular Reactors (SMRs) and Generation IV reactor designs changing the future of nuclear power?
A: Emerging advanced nuclear technology is safer, more efficient, generates less waste, costs less to construct and can be built faster and in a wide range of locations.
SMRs are designed to operate for longer periods without refuelling. Their reduced scale lowers investment costs, construction times, and construction risk, which in turn reduces risks for commercial lenders, facilitating investment in nuclear energy projects. Reactor modules are now being factory-fabricated rather than field-constructed. The potential for SMRs to reduce upfront costs and their siting flexibility expands the markets and locations where nuclear energy is available.
Previously, conventional nuclear reactors required large spaces located next to a massive water supply. Now, SMRs require a fraction of the physical space, use new systems that eliminate the need to direct access to large lakes, rivers, or oceans and can be placed closer to locations that need power. In some cases, SMRs can be built directly onto the footprints of retiring coal-fired power plants, which allows for reuse of existing power grid connections. Additionally, SMRs have been designed to use passive safety systems which capitalize on gravity, natural convection and material properties, rather than using active pumps and valves. This addresses many of the safety concerns that have been identified in conventional nuclear reactor designs.
Combined, these factors broaden the range of nuclear power applications to include low- and middle-income countries and show great promise in supplying power to remote communities and industries as they are not necessarily dependent on local grid capacity or connectivity.
There are a number of types of Generation IV reactors, which explore the use of alternative sustainable fuels and give this general category of reactors a broad scope of applications. Molten salt fuels, for instance, is a liquid fuel that does not require solid fuel fabrication and can enhance safety and allow for continuous fuel processing. High-temperature gas reactors can provide the necessary heat to be used in the most energy-intensive industries. In contrast, lead/LBE fast reactors have an ultra-long core life and low operating pressure, which makes them particularly adapted for naval and space uses.
Q: Why is patent activity becoming an important indicator of innovation in advanced nuclear technologies?
A: The research and development cycles in this industry can be long compared to other industries. This means that companies have to make the decision early on in the cycle as to whether or not innovations are going to be valuable in the long run. The surge in patent filings from 2017 onwards, indicates that the industry has collectively concluded that there is a substantial commercial value in advanced nuclear technologies worth pursuing.
The increase in patent filings has been largely driven by private capital. Prior to 2015, nuclear patents were almost exclusively funded through national labs. Private companies do not spend time and resources on patenting inventions unless they provide strategic value. Their surge in patent activity indicates that these companies see long term value in their innovation pipelines and suggest that advances in nuclear technologies are only getting started.
The types of patents being filed can also provide insights into an industry’s potential growth. Domestic-only filings indicate that the filer is looking to focus their innovations within their home jurisdictions, while PCT filings suggest the filer is internationally focused and plans to license or export the technology globally. There has been increased international patent activity in the nuclear technology sector indicating that players in this industry are thinking globally and predict an expanding market. It may also signal accelerating advancement, with core technology monopolies being secured across many jurisdictions.
Additionally, examining the patent landscape can provide valuable information on which types of advanced nuclear technologies are growing and where innovation is taking place.
Q: Why are advanced nuclear fuels becoming a key area of innovation and patent activity?
A: Resilient supply chains, including fuel supplies, are vital to the expansion of the nuclear technologies sector. However, many reactors require uranium-enriched fuels and much of the world’s uranium production is concentrated in four countries. Moreover, as nuclear technology development continues to grow, uranium demand will also rise. Thus, countries and firms are increasingly seeking to diversify fuel supply and supply chains to promote energy security and affordability.
Regulators globally have mandated that next-generation fuels must survive beyond-design-basis accidents without the catastrophic zirconium-steam oxidation reaction that generated hydrogen at Fukushima Daiichi. Research and development in alternative fuels has also grown to enhance safety, sustainability, and efficiency. As advancements in nuclear fuels inform reactor design and vice versa, nuclear fuel patent activity may offer valuable insights on the progress of advanced nuclear technology more generally. Some technology firms are exploring ways in which recycled nuclear materials could be transformed into fuel to generate more dependable domestic fuel supplies and reduce waste. This may further drive nuclear technology innovation and enhance the economic viability and sustainability of nuclear reactors.
The ability to use a variety of fuels allows for the design and use of reactors in previously unavailable industries and applications. For example, TRISO fuels used for high-temperature reactors allow safe operation of the reactor at 750-950oC and unlock industrial process heat and hydrogen production markets that are unavailable to conventional reactors.
Additionally, changes in the political landscape have identified a uranium supply chain chokepoint. The need to develop alternative channels of usable uranium has resulted in an increase not only in the patenting of processes and systems around the generation of high-assay low-enriched uranium, but also patents directed to the transport, storage and down-blending of uranium.
Q: What intellectual property challenges do companies face when commercializing next-generation nuclear technologies?
A: Companies that are developing advanced nuclear technologies face a unique set of factors that directly impact their intellectual property strategies.
Patent challenges stem both from a mismatch in the patent life versus the development cycle for these technologies, and from the requirements for regulatory disclosure. Patents have a life of 20 years from filing and in order to obtain patent protection, a patent application has to be filed before the invention has been publicly disclosed (although in some jurisdictions there is a one year grace period). To obtain a reactor design certification companies often have to file a very detailed technical disclosure, which would be considered a public disclosure of the invention. Therefore, companies must file patent applications before their technical submission. However, the time between creating the new technology and it being implemented can be many years. If a company were to file a patent application today and their first commercial operation is 12-15 years away, the patent may expire before it is able to generate any licensing revenue. Patent filings can’t be delayed because reactor designs need certification. This means companies have to engage closely with their engineering, legal and regulatory teams to ensure patent protection is secured at the right time.
In terms of ownership of intellectual property, companies that use public funding may be subject to extensive government use rights or ambiguous ownership of IP rights that can impede commercialization. For example, many governments have march-in rights, meaning that they have the ability to compel licensing of government-funded intellectual property on public interest grounds. Thus, it is crucial for companies to be familiar with government policies and regulatory frameworks at the outset to avoid losing IP protections and complications to commercialization.
With respect to licensing to third parties, due to the fact that nuclear technology is inherently dual-use, many countries regulate the transfer of technology in this space. The requirement of obtaining government approval in order to share IP with foreign manufacturing partners, licensees or supply chain vendors creates additional hurdles for companies in this space and can significantly impact international licensing strategies.
Finally, there is a significant amount of commercially valuable IP that is kept as trade secrets. Fuel fabrication processes, reactor component manufacturing tolerances, quality assurance procedures and digital control system algorithms are examples of IP that is often held as a trade secret. There are inherent risks associated with trade secret protection. If the information is ever disclosed publicly, even if done in breach of a contract, the commercial advantage is lost. Therefore, while traditional forms of protection via terms in agreements are important to implement with all parties who may receive confidential and technical information, it is also important for companies to have a strategy when it comes to disclosing proprietary information. Internal policies which inform and direct how to limit information disclosure are important for companies to implement early on to avoid weakening their strategic IP position within the market. These strategies need to be developed in coordination with regulatory disclosure consideration, which are unique to nuclear technologies.
Q: What factors will determine whether advanced nuclear technologies achieve large-scale commercial deployment?
A: One of the most pertinent factors to commercialization is financing. Obtaining private funding is important, as public funding alone will be inadequate for large-scale commercial deployment. Similarly, lowering construction costs and timelines is pivotal to securing more financing. This may entail building well-established reactors in series and resilient supply chains, standardizing construction processes, and strengthening the workforce. First-of-a-kind design costs may hinder large-scale adoption at the outset and risks associated with unproven features in reactor designs are both challenges that must be faced. Policy support, realistic expectations and timely regulatory reviews are crucial to financing and successful deployment as well.
Regarding the workforce, shortages in qualified personnel have already begun to pose difficulties to the industry. Shortages will only increase as more people retire and demand for skilled labourers rises with greater adoption of advanced nuclear reactors. With respect to supply chains for uranium, resources and expertise in enrichment, transport and storage services are essential for a stable and affordable expansion of the nuclear sector. Given that developing new uranium mines can take upwards of 10 years, prudent planning and a sustainable market are necessary. Further progress in developing alternative fuels will strengthen fuel supply and supply chain dependability. Countries with resilient domestic supply chains are more likely to achieve large-scale commercial deployment.
Additionally, public perception will play a role in whether the expansion of nuclear technologies is feasible. Given the concerns with weapons proliferation, garnering public support and trust is necessary for the success of the nuclear energy industry. This necessitates transparency surrounding advanced nuclear technologies’ operation, as well as competent and independent regulators. Adequate decommissioning and safe disposal of nuclear waste and spent fuel is also important to garnering public support for nuclear technologies and large-scale deployment.
Major filers and key jurisdictions
China Nuclear Power Engineering (CNPE) leads global filings under Y02E 30/00 by a wide margin followed by Korea Hydro & Nuclear Power (KHNP), Framatome, Hitachi GE Nuclear Energy, and Westinghouse Electric. The concentration of filings among major nuclear engineering companies, utilities, and reactor developers reflects the highly specialized nature of nuclear innovation, where reactor design, safety systems, plant engineering, fuel technologies, and supporting infrastructure require substantial long-term research and intellectual property development.
CNPE’s leadership reflects the broader nuclear engineering capabilities of its parent organization, China National Nuclear Corporation (CNNC). CNPE is responsible for nuclear power engineering and related project activities, while recent initiatives have also extended into areas such as artificial intelligence and digital technologies for improving nuclear power plant and fuel-cycle operations.
China is the largest patent jurisdiction by a significant margin, with 1,957 patents and applications, followed by South Korea with 657, Japan with 486, the United States with 400, and the European Patent Office with 342.
The distribution highlights the concentration of patent activity in major nuclear-energy markets, particularly across East Asia, where China, South Korea, and Japan account for substantial activity in technologies related to nuclear energy generation.
Intellectual property in the next generation of nuclear energy
Nuclear patent strategy is increasingly focused on protecting technologies that enable standardized, repeatable deployment. As Small Modular Reactors (SMRs) and Generation IV designs move toward factory-built production, companies are prioritizing patents covering reactor architectures, modular designs, coolant systems, and passive safety features, with filers like NuScale Power and China’s SNERDI building out concentrated patent clusters, alongside advanced fuels such as HALEU, TRISO-coated particles, and accident-tolerant materials that can be applied across multiple reactor platforms.
Unlike most energy sectors, nuclear patenting is shaped by strict regulatory and national security requirements. Companies must navigate export controls for international licensing under the Department of Energy’s 10 CFR Part 810 regime, crowded patent landscapes dominated by established vendors, lengthy regulatory approval timelines, and restrictions on sensitive technical information under the Atomic Energy Act. As a result, patent strategy increasingly requires balancing intellectual property protection with licensing, compliance, and freedom-to-operate considerations from the earliest stages of development.
Commercialization beyond reactor technology
Strong IP portfolios are increasingly a prerequisite for capital formation in advanced nuclear, not just a defensive tool. Developers such as X-energy have moved toward public markets, and investors are treating patent depth, particularly around fuel and reactor architecture, as a meaningful diligence factor.
Public-private partnerships remain central to derisking early deployment. The Department of Energy’s Advanced Reactor Demonstration Program and Gateway for Accelerated Innovation in Nuclear (GAIN) initiative continue to fund first-of-a-kind projects, and the reported $80 billion Westinghouse-DOE agreement to build new reactors for AI-driven demand illustrates how large these partnerships have become.
Licensing and technology transfer are also accelerating as reactor vendors look to scale beyond a single flagship project, often partnering with utilities or industrial and hyperscale customers who want dedicated on-site or co-located capacity. Regulatory approval itself has become a commercialization driver: NuScale’s status as the first NRC-certified SMR design gave it a first-mover advantage, and the ADVANCE Act’s provisions aimed at accelerating licensing reviews are intended to extend that kind of momentum to the next wave of designs.
Underpinning all of it is supply chain development, particularly for HALEU. The Nuclear Fuel Security Act provisions within the ADVANCE Act require the Department of Energy to begin acquiring at least 20 metric tons of domestically produced HALEU annually by the end of 2027, with Centrus Energy and Louisiana Energy Services among the companies building out enrichment capacity to meet that demand.
Looking forward
Nuclear energy is moving away from the conventional, gigawatt-scale model that defined the last half-century and toward a more modular, digitally enabled, and flexible generation of technologies. Advances in reactor design, fuel cycles, AI-driven operations, and plant automation are expanding what’s technically possible, while also creating a more layered and, in some ways, more challenging intellectual property environment than the sector has previously navigated.
As was true in EV charging, the shift underway in nuclear may look on the surface like a maturing or even slowing wave of innovation. But the underlying patent activity, across reactor architecture, advanced fuels, and the software systems increasingly used to run these plants, suggests something closer to a redirection of effort toward the next set of hard problems. The next phase of nuclear innovation will likely be determined not only by engineering breakthroughs, but by how effectively companies build IP strategies that can withstand a uniquely regulated, and uniquely high-stakes, global industry.
OUR FEATURED GUEST
B. RHIANNON ADAMS
Counsel, Patent Agent, Trademark Agent, Intellectual Property & Innovation Group Leader, Parlee McLaws LLP
Rhiannon Adams is Counsel and a registered Canadian and U.S. patent agent and Canadian trademark agent with Parlee McLaws’ Intellectual Property & Innovation Group.
She works with startups and businesses on developing practical IP strategies, with particular experience in life sciences, biotechnology, medical devices, clean technology and other technology-driven industries.