By its Gazette notification dated December 1, 2017, the Central Government amended sub rule (fb) under rule 2 of the Patent Rules, 2003 and clarified that ‘startup’ is any entity recognised as a start up by the Startup India Initiative, and in case of a foreign entity, the criteria of startup would qualify the entity to be

1. fulfilling the criteria for turnover (as per the reference rates of foreign currency of RBI) and,
2. period of incorporation/registration as per Startup India initiative (and submitting declaration in relation thereto).