Consider the novel Les Misérables, written by Hugo. Because he wrote it, the copyright belonged only to him. He did not have to fear that some stranger could sue him for copyright infringement and win. That was impossible, because copyright covers only the details of a work of authorship, and only restricts copying. Hugo had not copied Les Misérables, so he was not in danger. Patents work differently. They cover ideas - each patent is a monopoly on practising some idea, which is described in the patent itself."
[ via Cory Doctorow, who titled his post "Software patents are bad for coders like literary patents would be bad for writers." ] Exactly!