Skip to content
PatentBrief
Get alertsTop ↑

How Modems Use Guard Time to Switch Between Data and Commands

This patent describes a method for modems to safely switch from sending data to accepting commands without accidentally triggering that switch while transmitting normal files.

Granted 1985ExpiredExpired 2003Owned by Hayes Microcomputer Products IncInvented by Dale A. Heatherington

Original patent title: “Modem with improved escape sequence mechanism to prevent escape in response to random occurrence of escape character in transmitted data

Plain-English explanation by SahiLast reviewed · June 13, 2026

This patent describes a method for modems to safely switch from sending data to accepting commands without accidentally triggering that switch while transmitting normal files. Granted to Hayes Microcomputer Products Inc in 1985 with 9 claims and 42 forward citations, and it is now in the public domain.

Coverage

What does this patent actually cover?

When a modem is in 'transparent mode,' it simply passes data through to a phone line. If the data stream happens to contain the specific character sequence used to tell the modem to stop and listen for commands, the modem might accidentally disconnect or stop transmitting. This patent introduces a 'guard time' requirement. The modem only switches to command mode if it detects the escape sequence surrounded by a specific period of silence, ensuring the sequence was intended as a command and not just part of a data file.

The gap

What does this patent NOT cover?

  • Does not cover switching modes without a time-based guard interval.
  • Does not cover hardware that lacks a processor to monitor data timing.
  • Does not cover command mode entry triggered by physical hardware switches or buttons.

These exclusions are unique to PatentBrief — derived from the actual claim language, not patent-office boilerplate.

Key facts

Patent numberUS 4549302
StatusExpired
FieldTelecom & Wireless
AssigneeHayes Microcomputer Products Inc
InventorDale A. Heatherington
Filed1983
Granted1985
Expires2003 (expired)
Claims9
Times cited42
LitigationNone on record
Value · $19K$60KMinimal

What made this novel

The invention treats 'silence' as a data signal itself, using it as a gatekeeper to distinguish between intentional user commands and accidental patterns within a data stream.

The Patent Drawing

Representative patent drawing for Modem with improved escape sequence mechanism to prevent escape in response to random occurrence of escape character in transmitted data (US 4549302)
Representative figure · US 4549302All figures on Google Patents →
Modem with improved escape seq…(Primary claim)telecommunicationsconsumer electronicsmechanical

Schematic visualization of the patent's claim structure. Hand-drawn diagrams in progress for each landmark patent.

Where you've seen this

Real-world examples

01

Hayes Smartmodem series

02

Early dial-up internet connections

03

Bulletin Board System (BBS) communication software

Why it matters

The bigger picture

This invention solved a major frustration in the early days of dial-up internet and bulletin board systems. Before this, sending a file that randomly contained the 'escape' character string would cause the modem to drop the connection or stop sending data, effectively killing the session. It became the industry standard for the Hayes AT command set, which defined how computers talked to modems for decades.

Filed

October 11, 1983

Granted

October 22, 1985

Market context

Who's building on this

Companies in this space

While the specific Hayes modem hardware is largely obsolete, the logic of using timing buffers to distinguish between data and control signals remains a fundamental concept in network protocol design and serial communication interfaces.

Market impact

This patent solidified the Hayes AT command set as the de facto industry standard. It effectively prevented competitors from creating compatible modems without licensing or finding complex workarounds, cementing Hayes Microcomputer Products as the dominant force in the 1980s modem market.

Claim 1 — Plain English

What this patent covers

When a modem is in 'transparent mode,' it simply passes data through to a phone line. If the data stream happens to contain the specific character sequence used to tell the modem to stop and listen for commands, the modem might accidentally disconnect or stop transmitting. This patent introduces a 'guard time' requirement. The modem only switches to command mode if it detects the escape sequence surrounded by a specific period of silence, ensuring the sequence was intended as a command and not just part of a data file.

The clever bit

The invention treats 'silence' as a data signal itself, using it as a gatekeeper to distinguish between intentional user commands and accidental patterns within a data stream.

What it does not cover

  • Does not cover switching modes without a time-based guard interval.
  • Does not cover hardware that lacks a processor to monitor data timing.
  • Does not cover command mode entry triggered by physical hardware switches or buttons.

Patent timeline

Filing

Application submitted to the patent office

Publication

Application published, typically 18 months after filing

Grant

Patent officially issued

Expiration

Patent enters public domain

This patent is in the public domain

See the Freedom to Build guide — what is free to use, what is not, and how to cite this patent.

View guide →

PatentBrief Score

Impact Score

Early stage

Citation count

33/40

Moderately cited

Claim breadth

6/20

Moderate scope

Recency

0/20

Older than 20 years

Assignee scale

0/20

Independent or smaller assigneeassigneeThe entity that owns the patent — usually the inventor's employer or a company.Read more →

PatentBrief Impact Score — based on citation count, claim breadth, recency, and assignee scale. Not a legal assessment.

Heuristic Value Estimate

What this patent might be worth

Minimal

$19K$60K

Midpoint $38K · expired or expiring · industry ×1.4

Adjust inputs →

Heuristic only — blends forward/backward citation counts, claim scope, time remaining, litigation history, and CPC-derived industry baseline. Real valuations need a professional appraisal.

Patent Claims

0 independent claims · 1 dependent

In a modem including a data input port for connecting said modem to a utilization device, and a telephone port for connecting said modem to a telephone line; said modem being of the type having two distinct modes of operation: (a) a transparent mode of operation for which said modem provides modulated signals to said telephone port in response to data signals provided to said data input port; and (b) a command mode of operation for which said modem responds to said data signals provided to said data input port as instructions to said modem; said modem including means defining a predetermined sequence of said data signals as an escape character; the improvement comprising: timing means for detecting each occurrence of a passage of a predetermined period of time after provision of one of said data signals to said data input port; and means, operative when said modem is in said transparent mode of operation, for detecting provision of said predetermined sequence of said data signals, and for causing said modem to switch to said command mode of operation, if and only if said predetermined sequence of data signals occurs contiguous in time with at least one said occurrence of said passage of said predetermined period of time during which none of said data signals are provided to said data input port. 2. In a modem including a data input port for connecting said modem to a utilization device, and a telephone port for connecting said modem to a telephone line; said modem being of the type having two distinct modes of operation: (a) a transparent mode of operation for which said modem provides modulated signals to said telephone port in response to data signals provided to said data input port; and (b) a command mode of operation for which said modem responds to said data signals provided to said data input port as instructions to said modem; said modem including means defining a predetermined sequence of said data signals as an escape character; the improvement comprising: timing means for detecting each occurrence of a passage of a first predetermined period of time after provision of one of said data signals to said data input port, and for detecting each occurrence of a passage of a second predetermined period of time after a provision of said predetermined sequence of data signals defined as said escape character; and means, responsive to said timing means, and operative while said modem is in said transparent mode of operation, for causing said modem to switch to said command mode of operation in response to each occurrence of said escape character being provided to said data port, if and only if said escape character is preceded by said passage of said first predetermined period of time and followed by said passage of said second predetermined period of time during which none of said data signals are provided to said data input port. 3. A modem as recited in claim 2 wherein: said first predetermined period of time and said second predetermined period of time are equal. 4. In a modem including a data input port for connecting said modem to a utilization device, and a telephone port for connecting said modem to a telephone line; said modem being of the type having two distinct modes of operation: (a) a transparent mode of operation for which said modem provides modulated signals to said telephone port in response to data signals provided to said data input port; and (b) a command mode of operation for which said modem responds to said data signals provided to said data input port as instructions to said modem; said modem including means defining a predetermined sequence of said data signals as an escape character; the improvement comprising: timing means for detecting each occurrence of a passage of a predetermined period of time after provision of one of said data signals to said data input port; and means, operative when said modem is in said transparent mode of operation, for detecting provision of said predetermined sequence of said data signals contiguous in time with at least one said occurrence of said passage of said predetermined period of time, and for causing said modem to switch to said command mode of operation in response thereto, and alternately for causing said modem to remain in said transparent mode of operation and to provide a sequence of said modulated signals to said telephone port, corresponding to said predetermined sequence of said data signals, in response to said detection of said predetermined sequence of said data signals both preceded and followed, in time, by at least one of said data signal occurring within a time period less than said predetermined period of time. 5. In a modem including a data input port for connecting said modem to a utilization device, and a telephone port for connecting said modem to a telephone line; said modem being of the type having two distinct modes of operation: (a) a transparent mode of operation for which said modem provides modulated signals to said telephone port in response to data signals provided to said data input port; and (b) a command mode of operation for which said modem responds to said data signals provided to said data input port as instructions to said modem; said modem including means defining a predetermined sequence of said data signals as an escape character; the improvement comprising: timing means for detecting each occurrence of a passage of a predetermined period of time after provision of one of said data signals to said data input port; and means, operative when said modem is in said transparent mode of operation, for detecting provision of said predetermined sequence of said data signals, and for causing said modem to switch to said command mode of operation, if and only if said modem detects an occurrence of a specific condition of said predetermined sequence occurring contiguous in time with at least one said occurrence of said passage of said predetermined period of time during which none of said data signals are provided to said data input port, and in the absence of said occurrence of said specific condition, to respond to said provision of said predetermined sequence of data signals to said data input port to provide a sequence of modulated signals to said telephone port, corresponding to said predetermined sequence of data signals, and causing said modem to remain in said transparent mode of operation.

Claims are the legal boundaries of the patent. An independent claim stands alone. A dependent claim adds limitations to its parent, narrowing — but not broadening — the scope.

The original legal language

Original claims

9 claims as filed with the patent office.

Concepts involved

ClaimPrior artNon-obviousnessNoveltySpecificationAssigneePatent term

Citations

Patent lineage

Cites earlier patents

13

earlier patents this invention cites as foundations

View prior art →

Cited by later patents

42

later patents that build on this invention

View patents →

Cite this patent

Heatherington, D. A. (1985). How Modems Use Guard Time to Switch Between Data and Commands (U.S. Patent No. 4,549,302). U.S. Patent and Trademark Office. https://patentbrief.org/patent/us/4549302/hayes-modem-escape-sequence

Auto-generated from the patent record. Double-check author order and the issue date against the official USPTO document before submitting.

Embed

Add this patent to your site

Drop this plain-English patent card into any blog post or article — free, no signup. It always links back to the full breakdown here.

<div data-patentlens-widget data-patent-number="US4549302"></div>
<script src="https://patentbrief.org/embed.js" async></script>

Stay in the loop

Get a weekly digest of new patents.

One email per week. No spam. Unsubscribe anytime.

Keep exploring

Related patents you should know

US 4683195 · 1987

How to Make Billions of Copies of a DNA Segment

This patent describes the Polymerase Chain Reaction (PCR), a method to rapidly create many copies of a specific piece of DNA or RNA, enabling its detection and analysis.

Cetus Corp

US 8697359 · 2014

How to Edit Genes in Human Cells Using an Engineered CRISPR System

This patent describes an engineered CRISPR-Cas9 system for precisely cutting DNA in eukaryotic cells to change how genes work, opening the door for gene editing in complex organisms.

Massachusetts Institute of Technology

US 7657849 · 2010

How the iPhone's Slide-to-Unlock Gesture Works

Apple's 2010 patent describes unlocking a device by dragging a specific graphical image across the touchscreen along a predefined path, a gesture that became iconic with the original iPhone.

Apple Inc

US 4733665 · 1988

How Doctors Implant a Permanent Stent Using a Balloon

This patent describes the method for placing a permanent, expandable wire mesh tube inside a blood vessel or other body tube using a balloon-tipped catheter to widen it and keep it open.

Expandable Grafts Partnership

US 4965188 · 1990

How to Make Many Copies of a DNA Piece with Heat

This patent describes the Polymerase Chain Reaction (PCR) method, a technique to make millions of copies of a specific DNA segment using a heat-resistant enzyme and repeated temperature changes.

Cetus Corp

US 4235871 · 1980

How to Encapsulate Active Materials in Lipid Bubbles Efficiently

This patent describes a method for trapping biologically active substances inside tiny, multi-layered fat bubbles called liposomes, using a specific water-in-oil emulsion and gel-forming process to improve how much material gets captured.

Individual

Semantically similar

You might also find these interesting

SEARCH ALL

More to explore

More in Telecom & Wireless

Browse all Telecom & Wireless

New to patents?

What is a patent?How to read a patentAnatomy of a claimHow strong is this patent?What the citations meanWhat it doesn't coverWireless & Telecom PatentsPatent glossary
Explore the landscape:telecommunications patents →consumer electronics patents →mechanical patents →

Common Questions

Frequently Asked Questions

What does How Modems Use Guard Time to Switch Between Data and Commands cover?

This patent describes a method for modems to safely switch from sending data to accepting commands without accidentally triggering that switch while transmitting normal files.

Who owns patent US 4549302?

Hayes Microcomputer Products Inc owns this patent, granted in 1985.

When does this patent expire?

This patent has expired and is now in the public domain — anyone can use the invention freely.

What is patent US 4549302 cited by?

This patent has been cited by 42 later patents that build on its ideas.

What problem does this patent solve?

This invention solved a major frustration in the early days of dial-up internet and bulletin board systems. Before this, sending a file that randomly contained the 'escape' character string would cause the modem to drop the connection or stop sending data, effectively killing the session. It became the industry standard for the Hayes AT command set, which defined how computers talked to modems for decades.

What does this patent NOT cover?

Does not cover switching modes without a time-based guard interval.

Patent monitoring

Get notified when Hayes Microcomputer Products Inc files a new patent

Get notified when this company files a new patent. Weekly digest · Confirm via email · Unsubscribe anytime.

Last reviewed: June 13, 2026 · PatentBrief is not a law firm and this is not legal advice.