Some application systems (e.g., medical imaging, research data) accumulate 
files in forward-marching manner, as in creating new timestamp directories for 
the chronological storage of data.  Those provide the opportunity to formulate 
Excludes to avoid rescanning directories previously treated for incremental 
backup, thus limiting the view to new areas of the file system so as to 
minimize work.

I don't know if Tivoli Continuous Data Protection for Files might be applicable 
to this environment: worth a review, as it works with the OS to treat new data.

If no ready solution, the overall issue may need to be brought to the fore with 
the vendor and application owner as untenable as it has been proceeding.  In 
cases like this, a solid definition of backup/recovery needs is called for, 
both in terms of application needs and any legal requirements.  Sometimes, just 
a solid mirroring of data is all that is needed.  The vendor contract may have 
to be reviewed to see what remedies may be available, if there no good 
solutions are apparent, and the vendor is unhelpful.

   Richard Sims