The legal imperative to interpret the scope of moral exclusions in the EU Directive on Biotechnological Inventions 1998 in accordance with fundamental human rights has been strengthened by two significant changes since the adoption of the Lisbon Treaty in December 2009. First, by the requirement that the European Union accedes to the European Convention on Human Rights and second by the formal adoption of the EU Charter of Fundamental Rights. This paper examines the modalities of accession currently under consideration and their implications for European Patent Law. The first part considers the potential impact of the routing of European patent litigation post-grant arising from changes in the juridical hierarchy of the triangle of national supreme courts, CJEU and ECrtHR. The second part examines the degree of normative coherence, similarities, differences and ambiguities in the human rights texts and dedicated ‘bio-law’ instruments of the Council of Europe and the European Union. The final part identifies emerging tensions and questions about the future evolution of the increasingly complex legal architecture of the European Patent system.