Remember Phoebe from our week on Contract Law? Tired of scrounging for money by selling her assets and tutoring students who don't show up, Phoebe decides she needs to create value by developing her own intangible assets. If only she had a good idea....

While waiting for yet another student who fails to show up for their tutoring session by the soccer field, Phoebe watches Jen practicing her shots on goal. It's a dry, cool summer evening after a scorching afternoon. Some of the balls have been sitting on the field roasting in the sun all afternoon, while others were under a tree off to the side in the shade. Phoebe watches as Jen kicks one of these balls from the shade and then runs over to kick one that had been sitting in the sun on the field. There's a visible difference in the speed of the balls as they fly through the air. "Eureka!" Phoebe exclaims, and she takes off home to research what's behind this phenomenon.

Indeed, after some reading online, Phoebe's theory is that the hot balls from the sun warm the cooler air and travel faster through it than the cool balls that were sitting in the shade. Not believing her brilliance, Phoebe wants to protect her idea right away and goes to talk to a patent agent.

Which of the following would be the correct response from the patent agent:

a) If Phoebe can come up with a distinctive name for the invention, she should file a patent on the name.

b) Phoebe doesn't need to file a patent because her rights exist as soon as she writes down her original idea.

c) The term of copyright protection is longer than patent protection, so Phoebe's idea would most appropriately be protected by copyright, rather than patent.

d) Phoebe can't patent a mere idea.