The overflow issue has been there since the original driver. Understandably as the hardware API was not clear. Now IDF have moved on & fixeds lots. Invite mongoose to step up. IMHO overflow lock out is a school boy issue & unacceptable in a commercial offer. If you are GPL then you will have to offer a pull request using IDF latestYou must upgrade. No question, none.
Like I said; IMHO CAN needs a bit more love.
No, its not a silicon patch (although ESP may fix this issue in later silicon). Just that after overflow you need to be aware that you might get corrupt frames. I picked up frame corruption software patches around May, had reservasions & not sure if/which branch those patches have entered. Bench testing you might not see. Field volume x1000, well."silicon driver patches" ?? Do you mean there are patches for the ESP32 itself?
Hopefully you have the means to bump frame rates etc and so prove to yourself that overflow is an issue (I am not mongoose so cannot say if they fixed overflow). If overflow is still a mongoose issue then I would bet that the silicon errata issues are also present. Hence my statement; you must upgrade.
In my mind overflow was a long standing issue but no one seemed to notice. I am old school reliable etc. It comes down to your own iron triangle, granted. My mentor would have shot me for delivering with CAN overflow or corruption however. So this all leaves me a little careful about the ESP CAN offer. Hence the request for more ESP CAN love.