Final results from the Legislative Council are set to become clear in coming days, but it appears both Labor and the Coalition will have 15 seats.
The crossbench is likely to be made up of 10 mostly progressive-leaning members, including three Greens and seven from micro parties.
Ms Patten, who leads the Reason Party, is at risk of losing her seat to disgraced former Labor MP Adem Somyurek.
She told AAP on Tuesday she had a "less than 50-50 chance" of being elected for a third term.
"It's a competition and someone's got to lose, and it looks like it'll be me this time," she said.
Ms Patten hit out at the Animal Justice Party, alleging they spoke to so-called "preference whisperer" Glenn Druery who had been organising deals for conservative minor parties while at the same time engaging with a block of progressive candidates.
"I don't appreciate being lied to. I think they played it dirty, and they played it dirty on both sides," she said.
The 58-year-old said she had no regrets about her time in parliament, naming voluntary assisted dying legislation, safe access zones around abortion clinics, supervised injecting rooms and decriminalising sex work among her achievements.
"Most of the reasons why we call the Andrews government a progressive government were bills that were initiated by me," she said.
Ms Patten added she was feeling well after being diagnosed with cancer in September and no matter what happened her future would involve advocacy work.
On Tuesday, several lower house seats were neck and neck including Bass, Hastings, Hawthorn, Mornington, Preston, Northcote and Pakenham.
Labor is on track to win more than 52 of the 88 seats in the lower house despite a plunge in its primary vote and double-digit swings against it in Melbourne's north and west.
The Victorian Electoral Commission said while the count had progressed, a final result and the unveiling of the 60th Victorian parliament were several days away.
"Counting won't be completed until after all the postal ballots are returned, which doesn't happen until 6pm on Friday night," a commission spokeswoman told AAP.
"So particularly for those close seats, we might not have an outcome until all of that has occurred."
About four million Victorians were registered to vote and about half voted early, which caused potential count delays.
Premier Daniel Andrews safely secured a third term on Saturday night, meaning he is on track to become the longest serving Victorian leader if he serves the full four years.
Matthew Guy has confirmed he will call the Liberal parliamentary party room together to elect a new leader once a clearer picture of successful candidates has emerged.
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