Patents for power: intellectual property and the geopolitics of nuclear energy

Research on the geopolitics of energy had been framed by modes of interpretation anchored in the fossil fuel era, where balance of power is structured by the producer/transporter/consumer division. As Szulecki and Overland (2023) argue, this approach can only partially explain the geopolitical dimensions of nuclear energy, which cannot be limited to the extraction of uranium and its transformation into fuel. Nuclear power geopolitics is primarily an issue of technology control, and of capabilities to export it or to build international cooperation over it. Accordingly, it is highly similar to renewable energy geopolitics, as in both cases, the main challenge is no longer the access to energy resources, "but their conversion at a competitive cost into energy that can be exploited by humans" (Bonnet et al., 2018). In this geopolitics of energy transition technologies, the question of industrial property (IP) takes a central role (Hache, 2018). From a geopolitical perspective, IP determine the exclusivity rights shaping production and access to technology, while giving to their owner power when negotiating their transfer and, of course, economic advantages through exportation and licensing contracts. It appears particularly important in the nuclear sector, as geopolitical narratives stress the role of upcoming innovations, whether it is the development of small and modular reactors, fusion technologies or new fuels. But the dual nature of nuclear technologies gives to IP a more relevant geopolitical dimension. To conclude a reactor export deal with the United Arab Emirates in 2009, the South Korean company KEPCO had to wait for the UAE to sign a non-proliferation treaty with Washington, as its reactor design was using US licensed IP. Consequently, developing fully indigenous technology thus not only constitute an economic issue, but also a political necessity for nuclear exporting countries to ensure their full independence. In this paper, we analyze the role of IP in structuring power relations in the post-Fukushima nuclear industry. We built and studied a database gathering over 35 000 patents applications concerning nuclear energy which we categorized by date, origin and nature of recipients, office of the application, and type of technologies. First results tame the recurring narrative over Russian domination in the sector, by showing the role of the US, UK, France, and Japan in patenting innovations, and the emergence of new actors. While IP shows that nuclear geopolitics is structured by cooperation dynamics between state-owned companies, results also demonstrate the ongoing strategies of technological indigenization followed by upcoming exporting nations. Finally, we detect two patterns of specialization. On the one hand, countries are following technological specialization, such as the UK in fusion development. On the other hand, exporters are racing to apply in few patent offices of yet-to-be nuclearized countries, to ensure early involvement and secure potential contracts.