(1) The Federal Patent Court without delay serves the action on the defendant and invites him or her to comment on it within one month.
(2) If the defendant does not submit comments in due time, a decision on the action may be taken immediately without oral proceedings and each fact claimed by the claimant assumed to be proved.
(3) If the defendant objects in due time, the Federal Patent Court communicates the objection to the claimant. The defendant may substantiate the objection within two months following service of the action. The presiding judge may, upon request, extend the time limit by up to one month if the defendant submits substantial grounds therefor. These must be substantiated. Section 81 (5) sentence 3 applies accordingly, unless the information concerned can already be taken from the action.
(4) The presiding judge schedules oral proceedings at the earliest possible date. Oral proceedings may be dispensed with upon agreement of the parties. Subsection (2) remains unaffected.