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How PhD students in Sweden can profit from their own research

Sweden is the only country in the world where PhD students and researchers retain full rights to any patentable inventions they make. Stina Lantz, head of the lobby organisation for incubators and science parks in Sweden, explains why this matters.

How PhD students in Sweden can profit from their own research
Olivier Letellier, lead animator, at the gaming company Sharkmob displays some of his recent work to colleagues. Photo: Johan Nilsson/TT

For the roughly 7,000 startups based at the science parks and incubators which are members of Sisp, Lantz’s organisation, the unusually strong rights scientists and technologists have to the rights of their discoveries is one of strongest motivations to stay in Sweden. 

“One of the most important things for the companies we work with — these innovative, often research-based companies, is the ‘teachers exemption’,” Lantz told Paul O’Mahony, host of The Local’s Sweden in Focus podcast. “It’s extremely unique: we are we’re the only country in the world that has this.” 

According to Lantz, the exemption, which allows researchers to retain full ownership of their work and build companies based on it, had been key to encouraging foreign-born academics to stay in Sweden to build companies on the back of discoveries made in the country.   

“This has fueled many research-based startups, and it makes it easier for them to attract investors from the get-go,” she said. 

In most other countries, she said, it was common for universities themselves to automatically receive stakes of between 20 percent to 50 percent in any company built on research carried out within them. That this was not the case in Sweden, she said, helped with funding. 

“It’s easier for a research-based startup to attract investors because it’s a bigger portion of the company that they could be invested in,” she said. 

A significant proportion of startups spun off from Sweden’s universities were led by foreign researchers, Lantz stressed.  

“A lot of startups and scaleups are led by or initiated by foreign workers, so foreign students, and in the startup ecosystem, you don’t really speak Swedish. English is the native tongue,” she said. 

“Asia is a big nationality. For example, India. But I would say also Latin America, America. Canada, the European countries, and also Africa, I would say it’s extremely broad.” 

Despite having less to gain from generating successful research spin-offs, she said, Swedish universities still did a good job providing good support structures for researchers wanting to make start-ups, with “fantastic” internal incubators. 

It was rarely the ‘teacher’s exemption’ that drew foreign researchers to Sweden in the first place, however, with Lantz saying many of the founders in her member incubators were drawn by soft factors. 

“I think many people choose Sweden because you have work-life balance, and maybe then you choose to stay in Sweden because you find love here: I think that’s also very common.”

READ ALSO: Swedish work permits granted to top international talent drop 20 percent

However, recent moves to restrict labour migration in Sweden, such as by raising the minimum salary threshold, were, she said, starting to make Sweden a less attractive company in which to start a business, both because the founders themselves faced more obstacles and because they found it more challenging to recruit from outside Sweden. 

“We are seriously worried. Because if you join a startup, for example, the normal thing is that you maybe have a very low salary for the first few years, especially if you join as a co-founder or if you’re founding a startup yourself,” she said. “You’re just taking as much salary as you need to to be able to afford to buy noodles. You don’t have any customers. You’re not there yet.” 

She said that this meant that many founders would be unable to pay themselves a sufficient salary to meet the current salary threshold (28,480 kronor a month, or 80 percent of median salary), let alone the median salary of 35,600 kronor, which is expected to become the threshold on June 1st next year. 

“Founders are a little bit scared to hire labour from outside Europe because the regulations are so tricky,” she said. “And this will only make it even even worse.” 

She said that Sisp and other business lobby organisations had been trying to get Sweden’s government to drop plans to further raise the salary threshold but appeared to be having little success.  

“The government is not really listening to this, because they want to achieve other things with this new recommendations and new regulations. I don’t think unfortunately, this government really sees startups as a separate group of companies and I think that’s something many other countries do differently.” 

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EXPLAINED: How a ‘request to conclude’ can speed up Swedish Migration Agency decisions

If you've been waiting six months or more for a ruling from a Swedish agency you can according to law submit a "request to conclude", forcing the agency to take a decision. Is this worth doing in work permit, residency permit and citizenship cases?

EXPLAINED: How a 'request to conclude' can speed up Swedish Migration Agency decisions

What is a ‘request to conclude’? 

According to Sweden’s Administrative Procedure Act, which came into force in 2018, if an application you have made has not been decided “in the first instance” within six months at the latest, you can request in writing that the agency decide the case, using a process called a dröjsmålstalan, or “request for a case to be expedited”. 

The agency then has four weeks to either take a decision or reject the request to conclude in a separate decision. You can then appeal this rejection to the relevant court or administrative authority. 

You can only use the request to conclude mechanism once in each case. 

READ ALSO: Sweden’s government snubs Migration Agency request for six-month rule exemption

How do you apply for a ‘request to conclude’ a Migration Agency case? 

It’s very easy to fill in the form on the Migration Agency website, which only asks you to give your personal details, say whether your case concerns a work permit, residency permit, right of residency case, or ‘other’, and list any other people applying along with you. You then send the application by post to the Migration Agency address on the form. 

Does it work? 

A lot of people do seem to have success using the mechanism. The Migration Agency in section 9.1 of its annual report says that it is forced to to prioritise those who do this trick after a six month wait ahead of those who have spent longer in the queue. This is particularly the case for the ‘easy’ applications. 

More or less everyone, though, has their initial request to conclude refused, seemingly automatically without the request ever being seen by a case officer. 

Most them are then successful when they then appeal this refusal to the Migration court, with the Migration Agency stating on page 91 of its annual report that it lost 96 percent of such cases in 2021, 80 percent of such cases in 2022 and 77 percent of such cases in 2023.

As the Administrative Procedure Act states clearly that a decision should come within six months, the Migration Agency has in most cases a weak legal position.  

Once your request is rejected you only a short time to appeal, so it is important to act quickly, even if the agency fails to inform you that your request has been rejected. It you have heard nothing and the four weeks are up, it’s important to chase your request so you can appeal before the deadline expires. 

Even those who are rejected and don’t appeal sometimes get results, finding they are asked to submit their passport shortly afterwards. 

However, this is not always the case, so it is essential to go ahead with the appeal anyway, even if your passport is requested. 

What do people say? 

The mechanism appears to be particularly popular among British people, with one member of the Brits in Sweden Facebook page saying that “pretty much everyone has used it”, but it is also used by other groups, such as Indians in Sweden. 

One British woman said she had been informed about the rule by her case officer, and, although she was worried it might make a negative decision more likely, is glad she did so. 

“I used it as it was offered and I didn’t want to wait any longer. I thought there was nothing to lose and it didn’t cost anything, only a bit of time!” she said. 

She had her request for decision accepted, with the officer in four weeks getting back to her requesting that she send in two more forms, one documenting her relationship with an EU citizen, and another on her ability to support herself and pay for her accomodation

“It’s a shame they didn’t advertise it more widely and I didn’t hear about it before. as I could have got a decision earlier on my residency application and then could have applied for permanent residency much sooner,” she said. 

Another British woman said that she had decided to send in a request for a decision after she had been waiting for seven months for a decision on citizenship and her case officer told her to expect to wait as long as 36 months, despite being a simple case given that she had lived in Sweden lawfuly for five years, working throughout. 

“I knew of the request to conclude option and used it. They waited the full month before responding and rejecting it, as was expected. But the next day also assigned me a case officer and asked for my passport,” she remembers. “I believe they did this so I wouldn’t appeal their rejection and get the courts support for them to hurry up and process it.” 

Two months later, her citizenship was approved. 

An Indian man said he had used the mechanism no fewer than three times, firstly when extending a work permit, then when applying for permanent residency for a dependent, and thirdly, when applying for citizenship.

In the first case, he said, the request had been accepted on a first attempt and his work permit extension — for which he had been waiting for more than a year — was granted 28 days later.

The second request, which he made after discovering his dependent had no case officer after seven months, was rejected. They appealed, the court ruled in their favour and their case officer gave a positive decision a month later. 

Finally, in the citizenship case, the court ruled in his favour after the request was rejected, but 40 days later he is still waiting for a decision on the initial application.

Does sending in a request increase your chance of having an application rejected? 

Anecdotally, it doesn’t appear to. 

“It was a concern, yes,” the first British woman said, saying she had been told that sending in the form was “no reason to reject my application.” 

“But this is Sweden and in my opinion, even simple or clear-cut things can be a gamble,” she added. 

How does the mechanism affect handling times overall? 

While the request-to-conclude mechanism might help applicants in individual cases, the Migration Agency complains that it has been making the problem of long processing times worse by creating an addition set of processes case officers need to handle, and also by affecting the agency’s ability to prioritise. 

“The fact that many individuals request that their cases be decided is taking up a lot of resources and leading to processing times generally becoming longer, not least as many delay cases are appealed to the court,” Mikael Ribbenvik, the Migration Agency’s former Director General said when asking for the agency to be exempted from the system in April 2023. 

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