First, if the student is an undergraduate, it's unlikely they have "assigned" their IP to the university. The university does not own the fruits of the student's mind. (If you are a graduate student or employee, you probably did assignee your IP.)
Second, "inventor" is a specific, defined thing under US law. Naming inventors who do not meet this definition can render the patent invalid. And, on a more practical level, a dispute over the inventorship will scare off licensors, precluding any revenue the patent would have brought the university.
(I have two patents, work at an IP related non profit, and own a popular IP news service. I am not a lawyer. I suggest you contact Gene Quinn, advocate of independent inventors.)
Comments
First, if the student is an undergraduate, it's unlikely they have "assigned" their IP to the university. The university does not own the fruits of the student's mind. (If you are a graduate student or employee, you probably did assignee your IP.)
Second, "inventor" is a specific, defined thing under US law. Naming inventors who do not meet this definition can render the patent invalid. And, on a more practical level, a dispute over the inventorship will scare off licensors, precluding any revenue the patent would have brought the university.
(I have two patents, work at an IP related non profit, and own a popular IP news service. I am not a lawyer. I suggest you contact Gene Quinn, advocate of independent inventors.)