You’re 180 degrees backwards. Copyright infringement requires copying. Patent infringement does not require copying. There's a famous case on this exact issu

You’re 180 degrees backwards. Copyright infringement requires copying. Patent infringement does not require copying. There's a famous case on this exact issue. Atari Games Corp. v. Nintendo of America Inc. 975 F.2d 832 (Fed. Cir. 1992) "Nintendo can show copying by proving that Atari made literal copies of the NES program. Alternatively, Nintendo can show copying by proving that Atari had access to the NES program and that Atari's work — the Rabbit program — is substantially similar to Nintendo's work in ideas and the expression of those ideas."