If I file a provisional applic then begin manufacure and sale of an item, could someone else submit a non-provisional applic, obtain a patent, then be entitled to profits I have made?
This is very complicated issue. Someone else may be able to file a non-provisional application and receive a patent. If you fail to file a non-provisional application then the other filer may be able to take you to court for infringement. There is the possibility that the two application may be placed into an interference proceeding to determine who was the first to invent. Under the current law, the “first to invent” is entitled to the patent rights when there is a dispute similar to this situation.
