Am I qualified as a micro entity?

Under the America Invents Act (AIA), you may be entitled to reduced fees as a "micro-entity" if you meet certain requirements. To qualify as a micro-entity, an applicant must meet all four of the following criteria: * Qualify as a USPTO-defined small entity, i.e., less than 500 employees. * Not be named on more than four previously filed applications. The micro-entity definition states that applicants are not considered to be named on a previously filed application if he or she has assigned, or is obligated to assign, ownership rights as a result of previous employment. Applications filed in another country, provisional applications, or international applications for which the basic national fee was not paid do not count as previously filed application. The definition also includes applicants who are employed by an institute of higher education and have assigned, or are obligated to assign, ownership to that institute of higher education. * Not have a gross income more than three times the median household income in the previous year from when the fee(s) is paid. For 2011, the most recent year that data is available, the median income was $50,054. So, if your gross income is less than about $150,162, you should meet the Gross-Income basis threshold. * Not be under an obligation to assign, grant, or convey a license or other ownership to another entity that does not meet the same income requirements as the inventor. So, if you meet all of the above requirements, you are entitled to micro-entity status and its reduced fee schedule. Unfortunately, your gross income (over $250K) exceeds the approximately $150K Gross-Income basis threshold requirement. So, you are probably not entitled to the micro-entity status. As always, you should consult a patent attorney to explore your particular facts and confirm whether or not you meet all of the requirements for micro-entity status.

Sounds risky.

You likely do not qualify, due to the joint tax filing status.