Purpose – This paper aims at identifying factors that might affect academic patent activities. It investigates the characteristics of universities acting on the number of academic patents, thus classifying elements of differentiation among universities able to determine the level of patent activity. Design/methodology/approach – Three hypotheses are tested through a regression analysis, considering various academic variables. Findings – Results demonstrate that the patent activity is mainly influenced by the presence of universities’ internal policies that regulate such a field. The adoption of a regulation is a signal for academics of the university inclination and attempt to develop an environment conducive to patent activities, and to offer structured support to inventors in the different phases of the patenting process. Research limitations – The study, as it focuses on a single country, Italy, may reflect some peculiarities of the national system. Future research may extend it to different geographical areas in which institutional and environmental factors are different, or, maintaining the geographical location, study the impact of institutional factors to the change over time in the rate of patenting universities. Originality/value – Unlike the great number of studies which focus on institutional factors affecting university patent activity, the present study explores the academic elements able to valorize and exploit scientific knowledge, providing also a practical guidance for university governance.