35 U.S.C. § 111: Application

An application for patent shall be made, or authorized to be made, by the inventor, except as otherwise provided in this title, in writing to the Director. a specification as prescribed by section 112; a drawing as prescribed by section 113; and an oath or declaration as prescribed by section 115. The application shall be accompanied by the fee required by law. The fee, oath or declaration, and 1 or more claims may be submitted after the filing date of the application, within such period and under such conditions, including the payment of a surcharge, as may be prescribed by the Director. Upon failure to submit the fee, oath or declaration, and 1 or more claims within such prescribed period, the application shall be regarded as abandoned. The filing date of an application shall be the date on which a specification, with or without claims, is received in the United States Patent and Trademark Office. a specification as prescribed by section 112(a); and a drawing as prescribed by section 113. A claim, as required by subsections (b) through (e) of section 112, shall not be required in a provisional application. The application shall be accompanied by the fee required by law. The fee may be submitted after the filing date of the application, within such period and under such conditions, including the payment of a surcharge, as may be prescribed by the Director. Upon failure to submit the fee within such prescribed period, the application shall be regarded as abandoned. The filing date of a provisional application shall be the date on which a specification, with or without claims, is received in the United States Patent and Trademark Office. Notwithstanding the absence of a claim, upon timely request and as prescribed by the Director, a provisional application may be treated as an application filed under subsection (a). Subject to section 119(e)(3), if no such request is made, the provisional application shall be regarded as abandoned 12 months after the filing date of such application and shall not be subject to revival after such 12-month period. Subject to all the conditions in this subsection and section 119(e), and as prescribed by the Director, an application for patent filed under subsection (a) may be treated as a provisional application for patent. A provisional application shall not be entitled to the right of priority of any other application under section 119, 365(a), or 386(a) or to the benefit of an earlier filing date in the United States under section 120, 121, 365(c), or 386(c). The provisions of this title relating to applications for patent shall apply to provisional applications for patent, except as otherwise provided, and except that provisional applications for patent shall not be subject to sections 131 and 135. the application is revived under section 27; and a copy of the specification and any drawings of the previously filed application are submitted to the Director.