WO2007107753A1

WO2007107753A1 - Dna collection device

Info

Publication number: WO2007107753A1
Application number: PCT/GB2007/001006
Authority: WO
Inventors: Ian Clarke
Original assignee: Ian Clarke
Priority date: 2006-03-21
Filing date: 2007-03-21
Publication date: 2007-09-27
Also published as: GB0605649D0; GB2436362A

Abstract

A DNA collection device comprising a first part and a second part connected to and separable from each other, the first part being adapted to receive and preserve in a first passage provided therein a sample containing DNA from a first user, the second part being adapted to receive and preserve in a second passage provided therein a sample containing DNA from a second user. The collection device is advantageous in confirming and preventing repudiation of interpersonal agreements.

Description

DNA COLLECTION DEWCE

The present invention relates to devices for collecting and storing samples containing DNA.

In relationships between individuals, there are often times where one part}' places trust in another party. This trust ma}' be reciprocal, and an agreement may be created between the parties on such a basis. Such interpersonal agreements may be made on many occasions where written contracts are impractical, and thus reliance may need to be placed on verbal agreements. A verbal agreement might, however, be repudiated by one party, with the result that a judgment may need to be made based on the 'word of one part}' against that of another. In many situations this is of only minor importance. However, in certain circumstances the importance of the original agreement may. after the event, be much greater than was originally considered. The consequential effects on one part}' of a repudiation of the agreement by the other party may as a result be much more severe. One such circumstance is when the agreement relates to adults having sexual intercourse. One party may, after the event, decide that consent for intercourse was not actually given, a point that is often very difficult to prove either way after the event,

A solution to the above problem would ideally confirm that an agreement was made between the parties. Such a solution could, for example, be provided by making an audio or video recording of such an agreement. A record thus created may be useful as insurance against repudiation. However, this would necessitate the use of recording equipment. Guaranteeing the authenticity and proper context of the recording may be problematic, and the making of such a recording may raise suspicions.

Every individual has certain unique identifying characteristics, such as their fingerprints, retinas, facial features or DNA profile. It would be advantageous to be able to use such identifying characteristics as part of a system that enabled an interpersonal agreement, such as one made to have a sexual relationship, to be confirmed.

It is an object of the present invention to provide a system for confeming a agreement between two individuals. It is a further object of the invention to provide a system for confirming such an agreement bj' the use of DNA samples.- It is a yet further object of the invention to provide devices and methods for evidencing of consent in sexual relationships.

In a first aspect the invention provides a DNA collection device comprising a first part and a second part connected to and separable from each other, the first part being adapted to receive and preserve in a first passage provided therein a sample containing DNA from a first user, the second part being adapted to receive and preserve in a second passage provided therein a sample, containing DNA from a second user.

In a second aspect, the invention provides a method for collecting and identifying DNA samples, the method comprising: providing a DNA collection device comprising a first part and a second part connected to and separable from each other, the first part being adapted to receive and preserve in a first passage provided therein a sample containing DNA from a first user, the second part being adapted to receive and preserve in a second passage provided therein a sample containing DNA from a second user, providing a first sample containing DNA from a first user in the first passage; providing a second sample containing DNA from the second user in the second passage; providing to a first server a first identification code provided on at least the first part.

In a third aspect the invention provides a method for collecting and identifying DNA samples, the method comprising: providing a DNA collection device comprising a first part and a second part connected to and separable from each other, the first part being adapted to receive and preserve in a first passage provided therein a sample containing DNA from a first user, the second part being adapted to receive and preserve in a second passage provided therein a sample containing DNA from a second user, providing a first sample containing DNA from a first user in the first passage; providing a second sample containing DNA from the second user in the second passage; and separating the collection device into the first and second parts by breaking the device along a frangible connection, the first user then retaining the second part of the device and the second user retaining the first part of the device.

In a fourth aspect, the invention provides a method for evidencing consent between a first user and a second user, the method comprising: providing in a first DNA collection device a first sample containing DNA from the first user; providing in a second DNA collection device a second sample containing DNA from the second user; giving the first DNA collection device to the second user; and giving the second DNA collection device to the first user.

Embodiments of the present invention will now be described by way of example and with reference to the accompanying drawings in which:

Figure 1 illustrates an isometric view of a collection device in a protective case;

Figure 2 illustrates an isometric view of a collection device partially extending from a protective case;

Figure 3 illustrates an isometric view of a collection device;

Figure 4 illustrates an isometric view of a collection device in the process of being separated into two parts; Figure 5 illustrates an isometric view of an alternative form of collection device;

Figure 6 illustrates an isometric view of an alternative form of collection device; Figure 7 illustrates the collection device of figure 6 in the process of being separated into two parts;

Figure 8 illustrates a protective case for a collection device; Figure 9 illustrates an isometric view of a collection device with exhaust holes; Figure 10 illustrates a sectional side view of the collection device of figure

9;

Figure 11 illustrates an isometric view of a collection device with surface features;

Figure 12 illustrates an isometric view of a collection device with surface features for date marking;

Figure 13 illustrates an isometric view of a collection device with signature areas; and

Figure 14 illustrates an isometric view of a further alternative collection device in the form of a pair of cylinders.

An exemplary embodiment of the invention, as shown in figures 1 to 4, consists of a collection device 10 comprising a first part 10a and a second part 1Ob₅ the parts being substantially similar in function to each other. The collection device 10 may be provided in a protective case 11, as shown in figure 1. The parts 10a, 10b may be connected to each other by one or more frangible links 12, so as to enable the parts 10a, 10b to be readily separated, the purpose for which will become clear. Each part 10a, 10b comprises a respective internal passage or cavity 13 a, 13 b, as seen in figure 2. Each passage 13a, 13b is designed to receive and preserve a sample containing DNA from a user. Preferably each passage 13a, 13b also contains a substrate 15a, 15b, shown in figure 3, that is adapted receive and hold the sample. The substrates 15a, 15b are designed and adapted to preserve the samples in a stable form, Le. to substantially prevent degradation of the DNA within the samples over a predetermined period of time and within a certain range of environmental conditions.

Further, each part 10a, 10b may also comprise a sensor adapted to record the presence of one or more intoxicants or derivatives thereof, so as to enable the level of such intoxicants or derivatives to be determined afterwards. The sensor may alternatively or additionally determine and display an indication of a level of intoxicant measured from a user, the indication being visible through a window

14a, 14b provided in each part 10a, 10b of the device 10. The sensor is preferably integrated with the substrate, but may alternatively be provided separate from the substrate and/or in a separate passage formed in each part 10a, 10b.

In use, a first user may blow or spit into the one or more passages 13 a, 13b through ports provided on the device 10. The action of blowing or spitting will transfer a sample of saliva from the user on to one or more portions of a substrate 15a, 15b within the device. A second user may blow into one or more other passages 16a, 16b, thus transferring a sample of saliva on to one or more other portions of a substrate 17a, 17b.

Preferably, the substrates defined by portions 15 a, 17a are fluidly isolated from each other, and the portions 15b, 17b are similarly isolated from each other. Exhaust holes 91 (shown in figure 9) may be provided on each portion 10a, 10b of the device 10 to allow air from each user to pass through the internal passages 13a, 13 b, 16a, 16b and over the substrate portions 15 a, 15b, 17a, 17b. The samples provided from each user may therefore be kept in separate portions of each part 10a, 10b of the device 10.

The substrate portions 15a, 15b, 17a, 17b may preferably be made from an absorbent material such as paper, fabric or a microfibrous material, the material being suitable for the collection and retention of a sample containing DNA. The substrate may comprise a chemical substance suitable for absorbing or binding to a sample, the substance being preferably in a crystalline form. Preferably, to provide an indication that a sample has been correctly received, the substrate is also provided with a colour indicator. One suitable example substrate material is litmus paper, which is preferably of a type that exhibits a significant colour change when a sample is received thereon.

5 If a sensor is provided within the deλάce 10, the sensor is preferably adapted to measure, either from the sample itself or from an air flow created by blowing, a level of intoxicant in the user. Preferably, the intoxicant measured is at least one of ethanol, gamma hydroxy butyrate ("GHB") and "Rohypnol" (a registered trade mark of Roche Products Ltd.). Other drugs may additionally or alternatively be

10 detected or recorded by a device of the invention. The sensor may be adapted to provide a visual indication through the "windows 14a₅ 14b of the level of intoxication or incapacitation of the user. Alternatively, the sensor may just be part of the substrate that is adapted to record. Le. fix, the presence of one or more intoxicants or derivatives thereof, so as to be verifiable later by chemical analysis.

15 .

By providing a means for recording or reading of the level of intoxication of the user together with a sample containing DNA from that user, the collection device 10 can confirm that only that user provided that particular sample and that the user was not intoxicated at the time the sample was provided. After both users have

20 provided such samples, the device 10 may be separated into two parts 10a, 10b, shown in figure 4, and each user takes the part of the device containing a sample provided by the other user. By taking the part containing the other user's sample, the user is provided with a degree of insurance against the other user repudiating the agreement.

25

Preferably, each part 10a, 10b of the device 10 contains a sample from both users. A first user may provide a sample through passages 13 a, 13b on to substrates 15 a, 15b. A second user may provide a sample through passages 16a, 16b on to substrates 17a, 17b. Thus, after breaking the device 10 along the frangible link 12,

,30 both users can keep a part of the device that contains a sample from both users.

In order to confirm that the two parts 10a, 10b of the device 10, after separation, were once part of a single unit, each part may also be provided with a unique identification code. This code may be common to each part 10a, 10b. The code may be directfy readable on an external surface of each part 1Oa₅ 10b or may be contained within the device 10 such that it is readable b}' an external device. Alternatively, codes on each part 1Oa₅ 10b may be different, and could form complementary parts of a single identification code for the whole device 10. Further, the device itself 10 may be provided with a separate unique identification code, which may be readable on the device, within the device, or not accessible from the device itself but stored on a remote server. Only the remote server would have access to this code, but the code could be linked by the server to the two parts of the device, for example by electronically transmitting the codes provided on each part to the server. The server could thereby confirm that a code was transmitted at a certain time and date, and this information could be used by a user of the device to support that an agreement was made between the users.

Preferably any identification code on the device itself is provided as a permanent marking on the device body, so as to avoid or minimise the possibility of tampering. The possibility of tampering may also be reduced by the code of a device being matched with a unique code for that device known only to the server.

One specific embodiment of the device 10 is illustrated in figures 1 to 4, in which each part 10a, 10b of the device 10 is shown as a thin substantially rectangular- shaped block. An alternative embodiment is shown in figure 5, where a device 50 is shown as a substantially circular pill- shaped device, comprising two parts 50a, 50b, separable along a frangible link connection 52. Passages 53a, 53b are provided for a first user to blow into, and passages 56a, 56b are provided for a second user to blow into. Substrates 57a, 57b are provided in the passages 53a, 53b, 56a, 56b for collection of samples. Figure 6 shows the device 50 in the form in which it is to be used, with only the passages 53 a, 53b visible. Figure 7 shows the device 50 after it has been separated into two parts 50a, 50b along the frangible link 52, each part to be taken and kept by a user. In the devices 10, 50 illustrated above, samples from both patties are provided such that each user, when taking away their respective parts 10a, 1Ob₅ 50a, 50b is provided with evidence that both users provided samples in the same device.

In the above illustrated embodiments, two passages 13a. 13b or 53a. 53b are provided for a first user, and two passages 16a, 16b or 56a, 56b are provided for a second user. However, the device 10, 50 of the invention may alternatively be provided with a single passage in each part 10a, 10b, 50a, 50b. A first user may then provide a sample in a first part 10a, 50a. and a second user provides a sample in a second part 10b, 50b. The samples from the first and second users are preferably in the form of saliva, but any other suitable sample of bodily material may be used with the collection devices of the invention. For example, a blood sample may additionally or alternatively be provided in the collection device. The users then swap parts, and take away a part containing a DNA sample (together with optionally a reading of an intoxicant) of the other user. A similar level of assurance may then be provided, which may be supported by matching of the separated parts to a common unique identification code for the device 10, 50. Usefully, the parts 10a, 10b, 50a, 50b are differently coloured or otherwise marked to indicate which user has supplied a sample to which part and to avoid confusion when the parts are separated.

In a further alternative, samples from each user are provided in separate collection devices provided to each user, each of which may comprise one or more passages or cavities for receipt of a sample. At the time of use, after a sample is provided by each user in the respective devices, the devices are exchanged between the users so that each user takes away a sample of the other user's DNA.

A combination of a DNA sample, an intoxicant test and a unique identification code may be sufficient to prevent one party from pursuing a false allegation against the other regarding whether consent for sexual intercourse was given. However, further levels of security may also be provided. One way of ensuring that the DNA sample provided is uncoπtaminated is by the use of one or more valves in the internal passages 13 a, 13b, 16a, 16b of the device 10. Such valves may be adapted to be normally closed, and be opened by the action of blowing overcoming a resistance in the valve to fluid flow. An exhaust provided at an end of each passage is preferably provided with a valve or with other means such as a gauze to prevent contamination from the outside environment.

Each part 10a, 10b of the device 10 may further be provided with a seal that, when activated, provides evidence of any subsequent tampering. Ideally, it would be extremely difficult or impossible to modify or replace a sample once a part is sealed. A One way¹ operation of closing each part could, for example, provide the means for sealing the passage containing the intoxicant sensor reading and a DKfA sample. Such a one way operation could be provided by making or breaking of connections on the device which cannot thereafter be remade or broken without showing evidence of tampering.

Alternatively or additionally, a user may send by post their part of the device to a given address, preferably being that of the provider or manufacturer of the device, taking the place of the server described above. If the user keeps a record of the unique identification code provided on the part before despatch, the part could subsequently be retrieved if needed. The recipient of the part could then confirm that it was received on a given date, which would effectively remove the possibility of tampering after this date.

To confirm that the device has been used, it may be preferable to have each part}' send electronically to a server a unique identification code provided on the two parts of the device. Ideally, this is done at the time the agreement is made, i.e. around the time the device is used and the samples provided. A higher degree of certainty may then be provided, through confirmation of receipt of the codes at the server, that the device was used at that date and time. Methods of providing the codes to the server may vary. -Conveniently, the method may involve the transmission of text messages from each user containing the identification code of each part. Alternatively, the device 10 ma 3' contain an interface that enables it to communicate to an external device, such as a mobile telephone or computer, and may thereby be able to transmit an identification code to a server. The interface may take any form suitable for the transmission of data from the device 10 to the external device. The interface may be wired or wireless. A typical wired interface is a Universal Serial Bus (USB) interface. Other types of interfaces that may be available on mobile telephones would be suitable, such as Secure Digital (SD) card interfaces. Typical wireless interfaces may be of infra-red or short-range microwave types (e.g. Bluetooth or IEEE 802.11x-compliant). Such interfaces provided on the device could enable the device to automatically connect and transmit information to a predetermined server when a connection is made with, for example, a mobile telephone or a computer connected to the internet.

To confirm that the device was used on a certain date and at a certain time, each part of the device may comprise a timing module. This timing module, provided with a preset initial time when manufactured, is activated to store the time and date at which the device was sealed. Preferably this timing component is contained within the device such that it is also tamper resistant or tamper-evident. Further security can be provided by physically sending the sealed device to the server, which may be the provider of the device, or to an independent third party who keeps the device in escrow for a period of time, and who can supply the device on request by an appropriate authority. Both the date and time at which they received the device and the date and time of sealing recorded on the device itself can be later confirmed.

If a timing module of the type described above is provided in the device, the act of physically sending the device to the server can take the place of electronically transmitting the code. The date and time of the contractual relationship being established can be confirmed by the device itself, a record of which can be kept by the third party. The third party can then be trusted to keep safe the device, should it be required in future. In general, the collection device 10 may conveniently be enclosed within a suitable closure and carrying arrangement, as for example shown in figure 8. The protective cover 11 is provided with, an end cap 81 attached to one end. The end cap 81 may be provided with a hole 82 to permit the attachment of a retaining member such as a ring 82 with an attachment ring 83. This arrangement allows for the collection device 10 to be kept safely contained while being carried around. The retaining member allows the collection device 10 to be conveniently worn by a user, for example by being attached to an article of clothing, jewellery or other accessor}'.

The collection device 10 may preferably be packaged for sale as a single unit containing two parts separable by a frangible link. Alternative embodiments are also envisaged to be within the scope of the invention, such as where more than two separable parts are comprised within a single collection device. Also, more than one collection device 10 may be comprised within a single package for sale, with one or more spare devices for use as a back-up in case of loss or damage to the first device.

Shown in figure 9 is a collection device 10 of the type shown in figure 3, in which the reverse side of the device 10 is illustrated. Exhaust holes 91a, 91b are provided on a face of each respective part 10a, 10b of the device 10.

Shown in figure 10 is a sectional side view of apart 10b of the device 10, showing the substrate portion 15b situated within the internal passage 13b of the part 10b. A part of the substrate portion 15b is, in use, visible by a user through the window 14b. The internal passage 13b is connected to the exhaust hole 91b.

A further preferred modification to the collection device 10 is shown in figure 11. A plurality of surface features I lia, 111b are provided on each part 10a, 10b of the device 10. The surface features I lia, 111b are preferably in the form of recesses formed in the parts 10a, 10b. The function of these surface features is further shown in figure 12, where a the surface features I l ia, 111b further include a film covering. This covering may preferably be in the form of a breakable plastic film 125. In use, a selected area of the film 125 is pierced by a pin 121 or any other suitably pointed object. Piercing the film 125 thereby selects one or more of a series of date markings (not shown) provided on the surface of the parts 10a, 10b. The date markings are provided to correspond with individual surface features. The operation of piercing can thereby serve to provide a tamper-evident indication of a date on which the device 10 was used. The surface features Ilia, 111b and corresponding date markings preferably provide at least an indication of the day of the month the device was used. Various combinations of markings and numbers of surface features may be envisaged, according to the available space on the parts 10a, 10b, to provide a more comprehensive date indication. For example, a combination of markings indicating the date, the month and the year will provide a unique date. The piercing pin 121 may conveniently be provided as part of the device 10, for example being stored in a hole 123 provided in the device 10, as shown in figure 13.

The device 10 may further be provided with a visual indication of a unique serial number 124 and a text number 122. In use, a user may send by text message on his or her mobile telephone the serial number 124 to the text number 122 provided. The serial number 124 is then preferably received and stored at a server, which can provide a confirmation of the date and time the device was used. Preferably a confirmatory text message is then provided from the server back to the user's mobile telephone.

Figure 13 illustrates a further preferable feature for confirmation of the device 10 being used, in which areas 13Ia₅ 131b are provided on each part of the device 10 for users of the device to provide a signature. An alternative wa)' of providing a unique marking from a user may be to incorporate an area on the device to which a user's fingerprint may be applied and preserved. For example, the device may comprise an adhesive firm on one surface thereof. Upon exposing the film, for example by peering back a transparent window on the device, a user may apply his or her fingerprint to the firm, and the window can then be replaced over the fingerprint to preserve it. A further alternative arrangement is shown in figure 14, which illustrates a collection device 140 in the form of a pair of cylinders 14Oa₅ l40t>. The features of the device 140 are otherwise similar to the devices 10 shown in previous figures. Each cylinder 140a, 140b of the device 140 preferably has the appearance of a pen, and ma}' thereby be more discreet in use.

Further embodiments are also envisaged to be within the scope of the invention as defined by the appended claims.

Claims

1. A DNA collection device comprising a first part and a second part connected to and separable from each other, the first part being adapted to receive and preserve in a first passage provided therein a sample containing DNA from a first user, the second part being adapted to receive and preserve in a second passage provided therein a sample containing DNA from a second user.

2. The DNA collection device of claim 1 wherein the collection device is provided with a unique identification code.

3. The DNA collection device of claim 1 wherein the unique identification code is readable from both the first part and the second part.

4. The DNA collection device of claim 1 wherein the unique identification code comprises a first part and a second part, each part associated with or provided on the first part and the second part of the device respectively.

5. The DNA collection device of any of claims 1 to 4 wherein the unique identification code is permanently marked on the collection device.

6. The DNA collection device of claim 1 further comprising one or more substrates adapted to receive samples from the first and second users.

7. The DNA collection device of claim 6 wherein the one or more substrates comprise paper, fabric or a microfibrous material.

8. The DNA collection device of claim 1 further comprising one or more sensors adapted to determine and store a reading of one or more intoxicants or derivatives thereof from each respective user.

9. The DNA collection device of claim 8 wherein one of the one or more intoxicants is selected from ethanol, gamma hydroxy butyrate and Rohypnol.

10. The DNA collection device of claim 6 wherein the substrate is adapted to absorb and retain the sample in a stable form.

11. The DNA collection device of any preceding claim wherein each of the first and second parts is adapted to be sealed to thereby preserve the sample contained therein.

12. The DNA collection device of claim 11 wherein the first and second parts comprise tamper resistant or tamper evident seals.

13. The DNA collection device of any preceding claim further comprising a timing module adapted to record a time at which the first and/or second container is sealed.

14. The DNA collection device of any preceding claim further comprising an interface adapted to communicate with an external device.

15. The DNA collection device of any preceding claim wherein the first part is adapted to receive and preserve in a third passage provided therein a sample containing DNA from the second user, and the second part is adapted to receive and preserve in a fourth passage provided therein a sample containing DNA from the first user.

16. The DNA collection device of any preceding claim further comprising a protective cover comprising a retaining member to allow for the collection device to be worn by a user.

17. The DNA collection device of any preceding claim further comprising a plurality of surface features provided on the first and second parts, the surface features being adapted to record a date on which the device is used.

18. The DNA collection device of claim 17 wherein each of the plurality of surface features comprises a recess covered with a breakable film.

19. The DNA collection device of any preceding claim further comprising an area for the provision of a signature from a user.

20. A method for collecting and identifying DNA samples, the method comprising: providing a DNA collection device comprising a first part and a second part connected to and separable from each other, the first part being adapted to receive and preserve in a first passage provided therein a sample containing DNA from a first user, the second part being adapted to receive and preserve in a second passage provided therein a sample containing DNA from a second user, providing a first sample containing DNA from a first user hi the first passage; providing a second sample containing DNA from the second user in the second passage; providing to a server a first identification code provided on at least the first part.

21. The method of claim 20 further including providing a second identification code on the second part to a server.

22. The method of any of claims 20 or 21 further including recording on the server or servers a time and date at which the first and second identification codes are received.

23. The method of any of claims 21 or 22 wherein the first and second , identification codes are electronically transmitted to the server or servers.

24. The method of any of claims 21 to 23 wherein the first and second identification codes are provided to the server or servers by physically transporting the first and second parts.

25. The method of claim 21 wherein the first and second identification codes are the same.

26. A method for collecting and identifying DNA samples, the method comprising; providing a DNA collection device comprising a first part and a second part connected to and separable from each other, the first part being adapted to receive and preserve in a first passage provided therein a sample containing DNA from a first user7the second part being adapted to receive and preserve in a second passage provided therein a sample containing DNA from a second user, providing a first sample containing DNA from a first user in the first passage; providing a second sample containing DNA from the second user in the second passage; and separating the collection device into the first and second parts b3⁷ breaking the device along a frangible connection, the first user then retaining the second part of the device and the second user retaining the first part of the device.

27. A method for evidencing consent between a first user and a second user, the method comprising: providing in a first DNA collection device a first sample containing DNA from the first user; providing in a second DNA collection device a second sample containing

DNA from the second user; giving the first DNA collection device to the second user; and giving the second DNA collection device to the first user.

28. A DNA collection device substantially as described herein with reference to the accompanying drawings.