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Basically, you can have written or verbal. And the issue – one of the issues with confidential information – for instance, under an NDA – is what do you do about verbal information that’s transferred between two parties? How do you track that and control that? And so, just remember that it’s not just information that’s written down and marked confidential, but depending on the relationship, and depending on the nature of the information itself; in other words, does the company consider it private and secret. Verbal communications can count as communicating confidential information. In terms of written or documented information, it can take the form of physical hard copies. Or, it can be electronic. It can take any kind of form in that respect.
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Minneapolis patent attorney Tim Grathwol discusses the various forms confidential information can take.