Our team recently hired an independent law firm to conduct a Freedom to Operate (FTO) for our proposed product in climate tech. Their report mentioned one closest patent which was in pending status (and was not exactly the same as of ours) and it was concluded by saying:
“Within our findings, this patent application can cause a potential infringement risk with the
claims as published. But because the scope of the protection can change during
examination proceedings monitoring of the application is advised”
My question is, can I use this report by the law firm as proof of innovation?