Can I participate in the PPH on the basis of a PCT work product established by the EPO in its capacity as ISA and/or IPEA, once the application enters the regional/European phase before the EPO as Designated Office/Elected Office (DO/EO)?

Applications for which the EPO was ISA and/or IPEA are not eligible for processing via the PPH before the EPO as DO/EO. The EPO understanding of the PPH is that an application is processed in an accelerated manner on the basis of a patentability assessment made by another office. Where the EPO has been ISA and/or IPEA, the PCT WO/ISA or IPER have effectively the same status as a first communication in substantive examination before the EPO as DO/EO. Thus, in this case, there is no work product that can be considered as work done by "another" office. Hence, these applications are not eligible for processing via the PPH.