The possibility of patenting inventions based on living organisms is a hotly debated topic, among the general public as well. An initial consultation procedure for a partial revision of the Patents Act was carried out in April 2002. Because of the very divisive responses, a second consultation was held in 2004.

There is consensus in the ECNH about the principle of protecting intellectual property, including in biotechnology. Whether patents are a suitable way of ensuring this protection, however, is considered by members of the Committee in a varying, sometimes even confrontational way.

A study commissioned by the ECNH and published as a book considers the various moral aspects of patenting genes and gene sequences:

Gene patentieren. Eine ethische Analyse. (Patenting genes: an ethical analysis) In German. Mentis Verlag 2002