US 12037567

A concise summary of U.S. Patent 12,037,567, including its title, assignee, inventors, key dates, abstract, and a plain-language overview of its independent claims, is provided below.

Summary of U.S. Patent 12,037,567

Title: Functional beverage containing 1,3 butanediol

Assignee: Based on the patent documentation, the assignee is Ketoneaid Inc.

Inventors:

• Frank Borges Llosa
• Stephen Zarpas

Filing Date: July 11, 2023

Issue Date: July 16, 2024

Abstract:
The patent describes a beverage containing specific chemical compounds, including D-ethyl 3-hydroxybutyrate and D-1,3-butanediol, at a concentration of at least 0.5% by volume. The concentration of these compounds can range from 5% to over 19%. The beverage's flavor can be enhanced with hops or other ingredients. The invention is aimed at providing a functional beverage that can help initiate or maintain a state of ketosis.

Plain-Language Overview of Independent Claims:

This patent has two independent claims, which outline the core inventions.

Independent Claim 1: This claim describes a method for increasing the level of ketone bodies in a person's blood. This is achieved by having the person drink a beverage that contains at least 0.5% by volume of a specific chemical, D-1,3-butanediol, with little to no of its mirror-image version, L-1,3-butanediol. The beverage can also optionally include other related compounds, such as D-ethyl 3-hydroxybutyrate and various forms of beta-hydroxybutyrate, as well as ethanol. The goal of this method is to raise the person's blood ketone levels above 0.5 mmol/L, which is a recognized threshold for being in a state of ketosis.

Independent Claim 11: This claim is very similar to the first, but instead of focusing on increasing ketone levels, it describes a method for maintaining them. A person who is already in a state of ketosis can drink the same type of beverage—containing at least 0.5% D-1,3-butanediol and optionally other related substances—to keep their blood ketone levels above the 0.5 mmol/L threshold. This allows them to sustain the metabolic state of ketosis.

Litigation Status:

As of April 26, 2026, a search of the dockets for the Court of Appeals for the Federal Circuit (CAFC) for cases specifically involving U.S. Patent 12,037,567 did not yield any results. This does not definitively rule out the possibility of litigation in other federal courts, but it indicates no appeals related to this patent have reached the CAFC. There is no authoritative information at this time to suggest the patent is involved in any legal disputes.