The uncertainty in the dragons den of software patents may be driving many countries away from competing for patents. This is perhaps bad news for the US and further evidence that software patents restrict innovation. Considering that only 12.9% of software patents hold up upon litigation ( The study was carried out by John R. Allison, Mark A. Lemley & Joshua Walker for McCombs Graduate School of Business, University of Texas at Austin). The data are actually quite staggering. The chart above shows that the US holds approximately 55% of all USPTO patents in existence. On the other hand, The US holds almost 70% of all software patents in the US and even more staggeringly 85% of all business and commercial software patents.