Does my professor have the right to patent my invention? Why?

An employee's inventions belong to the employer. If you are not an employee, you would have a claim on the idea, subject to any input the professor provided to either direct you toward the idea or to help improve the idea. Consider jointly patenting the invention with the professor.

If your professor did not contribute anything to the conception of the invention - he or she cannot legally be named as an inventor. Typically such parties are included for discussions held with the grad student - giving guidance to making the invention, improving the scope of the invention, or otherwise making it better. I have had many inventions where both the grad student(s) and the professor are named as inventors. Check out the school policies regarding inventions. There is likely an invention disclosure form that you should submit to the folks who process inventions at your school. If so - submit yours to them - naming only yourself as the inventor. Any attorney working on the invention will need to investigate who should be named. GOOD LUCK!

In the U.S., the Patent Rights belong to the inventor. Of course, an inventor is free to assign his Patent Rights to an employer or anyone else in writing, usually in exchange for something of value. When an Inventor files a U.S. Patent Application, the inventor must state that he believes that "he is the first and true inventor." The inventor may be wrong, but at least he believes that he is "the first and true inventor" and that he did not steal it from someone else. If he makes this statement knowing that it is not true, then he has committed a "fraud on the Patent Office" and once a court of law uncovers the true facts, the Patent will have no value. Good Luck!