The Patriots have the second seed for right now because they own the tiebreaker currently over the Ravens and Broncos. This doesn’t mean anything until the Ravens and Broncos play each other and that could very well change everything but for this one week the Patriots have the tiebreaker. The reason is because the Patriots, Broncos, and Ravens have the same record and Patriots and Broncos have clinched the division while the Ravens are still leading theirs which means they would go by who has won the most against their conference opponents. The Patriots are 8-1, the Ravens are 8-2 and the Broncos are 6-2 which means the Patriots would get the second seed, Ravens get the third seed, and the Broncos grab the fourth seed.
The Broncos and the Ravens play each other which may determine the outcome of the second seed when the smoke clears. If the Broncos win the game and win out and if the Patriots win out, the Patriots will get the second seed due to the tie breaker of beating the Broncos head to head. If the Ravens win the game and win out along with New England then the Ravens have the tie breaker and the second seed over all as well. The Patriots however have a tough task ahead to have a chance for the second seed since they play the Texans and the 49ners. The Broncos after the Ravens have a easy schedule if they can get past the Ravens to try to lay claim on the second seed.